VB5-03920
The appeal is dismissed because the appellant failed to perfect the appeal by not providing the Appellant's Record within the 30-day time limit mandated by paragraph 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules.
Source-derived case information.
- Citation
- VB5-03920
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 28 January 2016
- Procedural Posture
- Refugee Appeal / Dismissal for Failure to Perfect Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Requirements
- 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 / Dismissal for Failure to Perfect Appeal
Legal Issues
- 1 Whether the appellant perfected the appeal within the prescribed time
- 2 Whether failure to provide the Appellant's Record warrants dismissal of the appeal
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal by not providing the Appellant's Record within the 30-day time limit mandated by paragraph 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed for failure to perfect by not filing the Appellant's Record within the prescribed time (30 days).
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 : VB5-03920 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 / heard at Vancouver, BC Appel instruit à Date of decision January 28, 2016 Date de la décision Panel Douglas Fortney Tribunal Counsel for the person(s) who is(are) N/A Conseil(s) du (de la/des) the subject of the appeal 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 December 18, 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 the United States of America. The NOA indicated that the appellant received the written reasons for the RPD decision on December 10, 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 January 28, 2016 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 : VB5-03920