TB4-02250

TB4-02250

The appeal is dismissed because the appellant failed to perfect the appeal within the statutory time limit and did not provide proof to rebut the Division's deemed date of receipt; failure to perfect constitutes a basis for dismissal under the Regulations and RAD rules.

Source-derived case information.

Citation
TB4-02250
Parties
Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 May 2014
Procedural Posture
Refugee Appeal / Decision on Perfection / Dismissal for Lack of Perfection
Outcome
Appeal dismissed for lack of perfection
Legal Topics
Appeal Deadlines, Perfection of Appeal, Deemed Receipt of Mailed Decisions, Procedural Compliance
Source Language
english
Immigration Law Refugee Protection Administrative Law Appeal Deadlines Perfection of Appeal Deemed Receipt of Mailed Decisions Procedural Compliance

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Parties

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal / Decision on Perfection / Dismissal for Lack of Perfection

Legal Issues

  1. 1 Whether the appeal was perfected within the regulatory time limit
  2. 2 Whether the decision was deemed to be received on the date asserted by the Division rather than the date asserted by the appellant

Ratio Decidendi

The appeal is dismissed because the appellant failed to perfect the appeal within the statutory time limit and did not provide proof to rebut the Division's deemed date of receipt; failure to perfect constitutes a basis for dismissal under the Regulations and RAD rules.

Court Disposition

Appeal dismissed for lack of perfection

Orders

  • Appeal dismissed for lack of perfection