MB6-02395
The appeal was dismissed because the record was not perfected within the statutory 30‑day time limit and no extension of time was sought.
Source-derived case information.
- Citation
- MB6-02395
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 3 June 2016
- Procedural Posture
- Refugee Protection Appeal / Timeliness Dismissal for Failure to Perfect File
- Outcome
- Appeal dismissed.
- Legal Topics
- Timeliness, Perfection of Record, Dismissal for Non Perfection, Extension of Time
- 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 / Timeliness Dismissal for Failure to Perfect File
Legal Issues
- 1 Whether the appeal record was perfected within the 30‑day time limit
- 2 Whether an extension of time to perfect should be granted
Ratio Decidendi
The appeal was dismissed because the record was not perfected within the statutory 30‑day time limit and no extension of time was sought.
Court Disposition
Appeal dismissed.
Orders
- The appeal is dismissed because the record was not perfected within the time limit set out in paragraph 159.91(1)(b) of the Regulations Amending the Immigration and Refugee Protection Regulations and subrule 3(5) of the Refugee Protection Division Rules.
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. / No de dossier de la SAR : MB6-02395 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 June 3, 2016 Date de la décision Panel Normand Leduc Tribunal Counsel for the person who is the subject of the appeal Me Moriba Alain Koné Conseil de la personne en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] On May 5, 2016, the Refugee Appeal Division (RAD) received a notice of appeal regarding the decision rendered by the Refugee Protection Division (RPD) in the claim for refugee protection filed by XXXX XXXX (the appellant). [2] Our records indicate that the RPD decision was sent to the appellant on April 14, 2016, and the written reasons rejecting the claim for refugee protection are therefore deemed to have been received on April 21, 2016. [3] No application for an extension of time to perfect the file was received. [4] The appeal is dismissed because the record was not perfected within the time limit set out in paragraph 159.91(1)(b) of the Regulations Amending the Immigration and Refugee Protection Regulations and subrule 3(5) of the Refugee Protection Division Rules, that is, within 30 days after the day on which the person or the Minister receives written reasons for the decision, or on or before May 24, 2015. [5] The appeal is dismissed. Normand Leduc Normand Leduc June 3, 2016 Date IRB translation Original language: French RAD File No. / No de dossier de la SAR : MB6-02395 2 RAD.25.02 (2014.09.11) Disponible en français