MB5-01661
The appeal was dismissed because the appellant failed to perfect the appeal by submitting the required records within the 30‑day period mandated by IRPR s.159.91(1)(b) and RAD rules, allowing the Division to dismiss for lack of perfection.
Source-derived case information.
- Citation
- MB5-01661
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 21 May 2015
- Procedural Posture
- Refugee Protection Appeal / Dismissed for Lack of Perfection (perfection Stage)
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Dismissal
- 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 Protection Appeal / Dismissed for Lack of Perfection (perfection Stage)
Legal Issues
- 1 Whether the appeal was perfected within the 30‑day time limit under the Regulations
- 2 Whether the required records were submitted to the Refugee Appeal Division to perfect the appeal
- 3 Whether failure to perfect permits dismissal of the appeal
Ratio Decidendi
The appeal was dismissed because the appellant failed to perfect the appeal by submitting the required records within the 30‑day period mandated by IRPR s.159.91(1)(b) and RAD rules, allowing the Division to dismiss for lack of perfection.
Court Disposition
Appeal dismissed for lack of perfection
Orders
- Appeal dismissed for lack of perfection
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : MB5-01661 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 / heard at Montréal (Quebec) Appel instruit à Date of decision May 21, 2015 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal Brian J. Cintosun Conseil de la personne en cause Designated Representative(s) S/O Représentant(e)(s) désigné(e)(s) Counsel for the Minister S/O Conseil du (de la) 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 April 15, 2015. According to the Notice of Appeal, the person is appealing a decision of the RPD dated March 19, 2015, and with written reasons reputed to be received on March 26, 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 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 24, 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 May 21, 2015 Date /dlg RAD.25.02 (15 décembre 2012) Available in English RAD File No. / N° de dossier de la SAR : MB5-01661 2