MB6-03609

MB6-03609

Extension of time granted because appellant provided a reasonable explanation for the delay, demonstrated continued intention to pursue the appeal, filed the record within a reasonable timeframe once reasons were received, and there was no prejudice to the Minister; accordingly the appellant's record was considered perfected on July 19, 2016.

Citation
MB6-03609
Parties
Appellant: XXXX XXXX XXXX; Minister: Minister of Public Safety and Emergency Preparedness Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 July 2016
Procedural Posture
Refugee Appeal (extension of Time Application) / Decision on Application for Extension of Time to File and Perfect Appeal
Outcome
Application for extension of time allowed
Legal Topics
Extension of Time, Procedural Fairness, Natural Justice, Time Limits for Filing and Perfecting an Appeal, Delay and Explanation Requirements
Source Language
English
Immigration Law Refugee Law Administrative Law Extension of Time Procedural Fairness Natural Justice Time Limits for Filing and Perfecting an Appeal Delay and Explanation Requirements

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Parties

XXXX XXXX XXXX

Appellant

Minister of Public Safety and Emergency Preparedness Canada

Minister

Procedural Posture

Refugee Appeal (extension of Time Application) / Decision on Application for Extension of Time to File and Perfect Appeal

Legal Issues

  1. 1 Whether the appellant was unable to file and perfect the appeal within prescribed time limits
  2. 2 Whether the appellant provided a reasonable explanation and demonstrated continued intention to pursue the appeal
  3. 3 Whether an extension of time is necessary for reasons of procedural fairness and natural justice

Ratio Decidendi

Extension of time granted because appellant provided a reasonable explanation for the delay, demonstrated continued intention to pursue the appeal, filed the record within a reasonable timeframe once reasons were received, and there was no prejudice to the Minister; accordingly the appellant's record was considered perfected on July 19, 2016.

Court Disposition

Application for extension of time allowed

Orders

  • Application for extension of time is allowed
  • Appellant's record is considered to have been perfected on July 19, 2016