MB5-01167
The appeal was dismissed because the appellant failed to perfect the appeal within the statutory 30-day period under s.159.91(1)(b) and did not file the required records in accordance with RAD Rule 3.
Source-derived case information.
- Citation
- MB5-01167
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration; Adjudicator: Refugee Appeal Division
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 20 April 2015
- Procedural Posture
- Refugee Appeal / Appeal Dismissed for Lack of Perfection
- Outcome
- dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Compliance
- 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
Refugee Appeal Division
Adjudicator
Procedural Posture
Refugee Appeal / Appeal Dismissed for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the 30-day time limit under the Regulations
- 2 Whether the appellant filed the required records to perfect the appeal under RAD Rule 3
Ratio Decidendi
The appeal was dismissed because the appellant failed to perfect the appeal within the statutory 30-day period under s.159.91(1)(b) and did not file the required records in accordance with RAD Rule 3.
Court Disposition
dismissed for lack of perfection
Orders
- Appeal 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 : MB5-01167 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person who is the subject of the appeal XXXX XXXX Personne en cause Appeal considered at Montréal, Quebec Appel instruit à Date of decision April 20, 2015 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal Me Richard M Addinall Conseil de la personne en cause Designated representative N/A Représentant désigné Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division received a Notice of Appeal from the decision of the Refugee Protection Division (RPD) in the claim of XXXX XXXX (the person) on March 16, 2015. According to the Notice of Appeal, the person is appealing a decision of the RPD dated February 27, 2015, with written reasons reputed to be received on March 6, 2015, rejecting his claim for refugee protection. [2] In accordance with the amended Immigration and Refugee Protection Regulations, section 159.91 (1)(b) provides that the time limit for a person or the Minister to perfect an appeal is thirty (30) days after the day on which the person or the Minister receives written reasons for the decision. [3] The person's records were due to be received by the Refugee Appeal Division on or before April 5, 2015, and perfected in accordance with RAD Rule 3. To date, the Division has not received any further documents from the person. [4] Therefore, the appeal is dismissed for lack of perfection. Diane Sokolyk Me Diane Sokolyk April 20, 2015 Date /cl RAD.25.02 (2014.09.11) Disponible en français RAD File No. / N° de dossier de la SAR : MB5-01167 2