TB6-14913
The appeal was dismissed because the appellant failed to file the Appellant's Record within the 30‑day perfection period prescribed by IRPR s.159.91(1)(b), and did not request an extension of time as required by RAD Rule 3; therefore the Division dismissed the appeal for lack of perfection.
Source-derived case information.
- Citation
- TB6-14913
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 22 December 2016
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Dismissal for Lack of Perfection (preparation/perfection Stage)
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Perfection of Appeal, Time Limits, Dismissal for Non Compliance, Receipt of Written Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Dismissal for Lack of Perfection (preparation/perfection Stage)
Legal Issues
- 1 Whether the appellant perfected the appeal within the regulatory time limit to perfect an appeal
- 2 Whether an extension of time to perfect the appeal was requested and granted
- 3 Consequences of failure to perfect an appeal under the Regulations and RAD rules
Ratio Decidendi
The appeal was dismissed because the appellant failed to file the Appellant's Record within the 30‑day perfection period prescribed by IRPR s.159.91(1)(b), and did not request an extension of time as required by RAD Rule 3; therefore the Division dismissed the appeal for lack of perfection.
Court Disposition
Appeal dismissed for lack of perfection
Orders
- The appeal is dismissed for lack of perfection.
Full Case Text
Judgment text and source record
1 paragraphs
Immigration and Refugee Board of Canada Refugee Appeal Division Commission de l'immigration et du statut de réfugié du Canada Section d'appel des réfugiés RAD File No. / N° de dossier de la SAR : TB6-14913 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision December 22, 2016 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal N/A Conseil(s) du (de la/des) personne(s) en cause Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (RAD) received a Notice of Appeal from the decision of the Refugee Protection Division (RPD) in the claim of XXXX XXXX. [2] The Notice of Appeal was received by RAD on October 20, 2016, from the person who is the subject of appeal ("person"). According to the Notice of Appeal, the person is appealing a decision of the RPD with notice of decision dated September 30, 2016 and with written reasons received by the person on October 6, 2016, rejecting his claim for refugee protection. [3] According to the RAD records, the RPD decision was dated October 3, 2016 and was deemed to be received by XXXX XXXX on October 10, 2016. [4] In accordance with the amended Immigration and Refugee Protection Regulations, section 159.91(1)(b) provides that the time limit for a person to perfect an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision. [5] The Appellant's Record was due to be received by the Division on or before November 9, 2016 and perfected in accordance with RAD Rule 3. To date, the Division has received neither the Appellant's Record nor an application for an extension of time to perfect an appeal from the persons. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) Deborah Morrish Deborah Morrish December 22, 2016 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB6-14913