TB6-05550
The appeal is dismissed because the appellant failed to perfect the appeal within the 30‑day regulatory period and did not apply for an extension of time, in accordance with IRPR s.159.91(1)(b) and RAD Rule 3.
Source-derived case information.
- Citation
- TB6-05550
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 23 June 2016
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Dismissal for Lack of Perfection (appeal Not Perfected Within Regulatory Time Limit)
- 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 Appeal (refugee Appeal Division) / Dismissal for Lack of Perfection (appeal Not Perfected Within Regulatory Time Limit)
Legal Issues
- 1 Whether the appeal was perfected within the regulatory time limit
- 2 Whether an extension of time to perfect the appeal had been applied for
- 3 Whether the appeal should be dismissed for lack of perfection
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal within the 30‑day regulatory period and did not apply for an extension of time, in accordance with IRPR s.159.91(1)(b) and RAD Rule 3.
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
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 : TB6-05550 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 June 23, 2016 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Hart A. Kaminker Barrister and Solicitor 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 April 22, 2016, from the person who is the subject of appeal (the "Person"). According to the Notice of Appeal, the Person is appealing a decision of the RPD dated March 30, 2016 with written reasons received by the person on April 11, 2016, rejecting his claim for refugee protection. [3] According to the RAD records, the RPD's decision was dated April 8, 2016 and was deemed to be received by XXXX XXXX on April 15, 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] As indicated in a facsimile sent to counsel on May 6, 2016, the RAD received return mail intended for the appellant on May 4, 2016. The address on the RAD record is the same as the one indicated on the Notice of Appeal which was filed with the RAD on April 22, 2016. [6] The appellant's record was due to be received by the Division on or before May 16, 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 Person. [7] Therefore, the appeal is dismissed for lack of perfection. (signed) "Deborah Morrish" Deborah Morrish June 23, 2016 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB6-05550