TB3-09537
The appeal is dismissed because the appellant failed to perfect her appeal by providing the appellant's record within the 30‑day time limit established by section 159.91(1)(b) of the Immigration and Refugee Protection Regulations and section 3(5) of the Refugee Appeal Division Rules.
Source-derived case information.
- Citation
- TB3-09537
- Parties
- Appellant: XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 23 January 2014
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Appeal Dismissed for Failure to Perfect
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Perfection, Procedural Time Limits, Regulatory Compliance, RAD Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)
Appellant
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Appeal Dismissed for Failure to Perfect
Legal Issues
- 1 Whether the appellant perfected the appeal within the prescribed time by providing the appellant's record
- 2 Whether failure to provide the appellant's record within the time limit permits dismissal of the appeal
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect her appeal by providing the appellant's record within the 30‑day time limit established by section 159.91(1)(b) of the Immigration and Refugee Protection Regulations and section 3(5) of the Refugee Appeal Division Rules.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed for failure to perfect under section 159.91(1)(b) of the Immigration and Refugee Protection Regulations and section 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 : TB3-09537 Private Proceeding / Huis clos Reasons and decision ? Motifs et decision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX) Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision January 23, 2014 Date de la décision Panel C. Forbes Tribunal Counsel for the person(s) who is(are)the subject of the appeal Helen Kim 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 and Decision [1] XXXX XXXX XXXXr (the "Appellant") appeals a decision of the Refugee Protection Division (RPD) rejecting her claim for refugee protection, dated November 28, 2013. Her Notice of Appeal was received by the Refugee Appeal Division (RAD) on December 20, 2013. It indicates that the Appellant received the RPD's reasons on December 5, 2013. [2] The appeal is dismissed because the Appellant failed to perfect her appeal 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 Appellant receives written reasons for the RPD's decision. (signed) "C. Forbes" C. Forbes January 23, 2014 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB3-09537