TB6-08205
The appeal was dismissed because the appellant failed to perfect the appeal within the 30 day time limit prescribed by IRPR s.159.91(1)(b), did not submit the appeal record by the due date nor apply for an extension, therefore the Division had no basis to proceed.
Source-derived case information.
- Citation
- TB6-08205
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 16 August 2016
- Procedural Posture
- Refugee Appeal / Appeal Not Perfected; Dismissed for Lack of Perfection
- Outcome
- Appeal 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
Procedural Posture
Refugee Appeal / Appeal Not Perfected; Dismissed for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the statutory time limit
- 2 Whether an extension of time to perfect the appeal was sought and granted
- 3 Whether failure to perfect the appeal requires dismissal
Ratio Decidendi
The appeal was dismissed because the appellant failed to perfect the appeal within the 30 day time limit prescribed by IRPR s.159.91(1)(b), did not submit the appeal record by the due date nor apply for an extension, therefore the Division had no basis to proceed.
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 : TB6-08205 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 August 16, 2016 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Geraldine Macdonald 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 June 17, 2016, from the person who is the subject of appeal (the "Person"). The Notice of Appeal does not indicate the date of the Notice of Decision that the Person is appealing or the date on which he received written reasons rejecting his claim for refugee protection. [3] According to the RAD records, the RPD decision was dated May 25, 2016 and was deemed to be received by XXXX XXXX on June 1, 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] The appellant's record was due to be received by the Division on or before July 4, 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. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) "Deborah Morrish" Deborah Morrish August 16, 2016 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB6-08205