TB4-03431
The appeal was dismissed because the appellant failed to perfect the appeal by submitting the required record within the regulatory time limits (due date May 2, 2014) as set out in IRPR s.159.91 and RAD Rule 3.
Source-derived case information.
- Citation
- TB4-03431
- Parties
- Appellant: XXXX XXXX XXXX (aka XXXX XXXX XXXX); Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 16 June 2014
- Procedural Posture
- Refugee Protection Appeal / Decision on Perfection Appeal Dismissed for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection.
- Legal Topics
- Appeal Deadlines, Perfection of Appeal, Service and Receipt of Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX (aka XXXX XXXX XXXX)
Appellant
Minister
Respondent
Procedural Posture
Refugee Protection Appeal / Decision on Perfection Appeal Dismissed for Lack of Perfection
Legal Issues
- 1 Whether notice of appeal and appeal record were filed and perfected within IRPR time limits
- 2 Date of receipt of RPD decision for triggering time limits
- 3 Whether failure to perfect the appeal warrants dismissal
Ratio Decidendi
The appeal was dismissed because the appellant failed to perfect the appeal by submitting the required record within the regulatory time limits (due date May 2, 2014) as set out in IRPR s.159.91 and RAD Rule 3.
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 : TB4-03431 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision 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 June 16, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal N/A 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] 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 XXXX. [2] The Notice of Appeal ("NOA") was received by the RAD on April 11, 2014, from the person who is the subject of appeal ("person"). According to the NOA, the person is appealing a decision of the RPD dated March 20, 2014 and received by the person on March 28, 2014. The RPD rejected the claim for refugee protection. [3] According to the RAD records, the RPD decision was dated March 26, 2014 and sent by regular mail the same day. The RPD decision was deemed to be received by the person on April 2, 2014. [4] In accordance with the amended Immigration and Refugee Protection Regulations, section 159.91 (1)(a) provides that the time limit for a person or the Minister to file an appeal is 15 days after the date on which the person or the Minister receives written reasons for the decision and 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 May 2, 2014 and perfected in accordance with RAD Rule 3. To date, the Division has not received any further documents from the person. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) 'Ken Atkinson' Ken Atkinson June 16, 2014 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB4-03431