TB3-07965
The appeal is dismissed because the Appellant failed to perfect the appeal by filing the Appellant's Record within the 30-day time limit prescribed by section 159.91(1)(b) of the Regulations and section 3(5) of the RAD Rules, and no extension of time was applied for or granted.
Source-derived case information.
- Citation
- TB3-07965
- Parties
- Appellant: XXXX XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 12 January 2014
- Procedural Posture
- Refugee Protection Appeal / Dismissal for Failure to Perfect Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Perfection Deadlines, Procedural Compliance, Refugee Protection Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX
Appellant
Procedural Posture
Refugee Protection Appeal / Dismissal for Failure to Perfect Appeal
Legal Issues
- 1 Whether the appeal was perfected within the statutory time limit under section 159.91(1)(b) of the Immigration and Refugee Protection Regulations
- 2 Whether any application for an extension of time to perfect the appeal was filed or granted under the Refugee Appeal Division Rules
Ratio Decidendi
The appeal is dismissed because the Appellant failed to perfect the appeal by filing the Appellant's Record within the 30-day time limit prescribed by section 159.91(1)(b) of the Regulations and section 3(5) of the RAD Rules, and no extension of time was applied for or granted.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed for failure to perfect the appeal by providing the Appellant's Record within the prescribed time under s.159.91(1)(b) of the Immigration and Refugee Protection Regulations and s.3(5) of the Refugee Appeal Division Rules
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB3-07965 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision January 12, 2014 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Ron Shacter 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 (de la) ministre REASONS FOR DECISION [1] XXXX XXXX XXXX (the "Appellant") appeals a decision of the Refugee Protection Division (RPD) rejecting her claim for refugee protection, dated October 15, 2013. The Notice of Appeal was received by the Refugee Appeal Division (RAD) on November 4, 2013. It indicates that the Appellants received the RPD's reasons on October 18, 2013. The Appellant's Record was due on November 21, 2013, and neither it nor an application for extension of time to perfect an appeal has been received by the RAD. [2] The appeals are dismissed because the Appellants failed to perfect their appeals by providing the Appellant's record within the prescribed time required by section 159.91(1)(b) of the Immigration and Refugee Protection Regulations (the "Regulations") and section 3(5) of the Refugee Appeal Division Rules (the "RAD Rules"). Section 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 Appellants receive written reasons for the RPD's decision. (signed) "Deborah Morrish" Deborah Morrish January 12, 2014 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB3-07965