VB5-03016
The RAD dismissed the appeal because the appellant failed to perfect the appeal by providing the Appellant's Record within the 30‑day time limit prescribed by paragraph 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules, and no basis to excuse the non‑compliance was presented.
Source-derived case information.
- Citation
- VB5-03016
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 25 November 2015
- Procedural Posture
- Refugee Appeal / Decision Dismissal for Failure to Perfect Appeal
- Outcome
- Appeal dismissed for failure to perfect within prescribed time
- Legal Topics
- Appeal Perfection, Procedural Deadlines, Dismissal for Non Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Decision Dismissal for Failure to Perfect Appeal
Legal Issues
- 1 Whether the appellant perfected the appeal by providing the Appellant's Record within 30 days as required by paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules
- 2 Whether failure to perfect warrants dismissal of the appeal
Ratio Decidendi
The RAD dismissed the appeal because the appellant failed to perfect the appeal by providing the Appellant's Record within the 30‑day time limit prescribed by paragraph 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules, and no basis to excuse the non‑compliance was presented.
Court Disposition
Appeal dismissed for failure to perfect within prescribed time
Orders
- The appeal is dismissed for failure to perfect pursuant to paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules.
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 : VB5-03016 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX Personne(s) en cause the subject of the appeal Appeal considered at Vancouver, BC Appel instruit à Date of decision November 25, 2015 Date de la décision Panel Douglas Fortney Tribunal Counsel for the person(s) who is(are) Birjinder P.S. Mangat Conseil(s) du (de la/des) the subject of the appeal Barrister and Solicitor personne(s) en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received on October 6, 2015 a Notice of Appeal (NOA) from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX (the "appellant"), a national of Bangladesh. The NOA indicated that the appellant received the written reasons for the RPD decision on October 1, 2015. [2] The appeal is dismissed because the appellant failed to perfect this appeal by not providing the Appellant's Record within the prescribed time required by paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations (the "Regulations")1 and subsection 3(5) of the Refugee Appeal Division Rules.2 Paragraph 159.91(1)(b) of the Regulations provides that the time limit to perfect the appeal is 30 days after the day on which the appellant receives written reasons for the RPD decision. (signed) "Douglas Fortney" Douglas Fortney November 25, 2015 Date 1 Immigration and Refugee Protection Regulations, SOR/2002-227. 2 Refugee Appeal Division Rules, SOR/2012-257. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : RAD File No. / N° de dossier de la SAR : RAD File No. / N° de dossier de la SAR : VB5-03016