TB3-06325
The appeal was dismissed because the appellant failed to provide the appellant's record within the statutory 30-day period after receiving written reasons, as required by section 159.91(1)(b) of the Regulations and section 3(5) of the RAD Rules.
Source-derived case information.
- Citation
- TB3-06325
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 30 October 2013
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Dismissal for Failure to Perfect Appeal
- Outcome
- Appeal dismissed.
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Requirements, Refusal of Refugee Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Dismissal for Failure to Perfect Appeal
Legal Issues
- 1 Whether the appellant perfected the appeal by filing the appellant's record within the prescribed time
- 2 Whether failure to provide the appellant's record within 30 days requires dismissal under the Regulations and RAD Rules
Ratio Decidendi
The appeal was dismissed because the appellant failed to provide the appellant's record within the statutory 30-day period after receiving written reasons, as required by section 159.91(1)(b) of the Regulations and section 3(5) of the RAD Rules.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed for failure to perfect within the prescribed time; file closed.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB3-06325 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 October 30, 2013 Date de la décision Panel Deborah Morrish 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 and Decision [1] XXXX XXXX XXXX (the "Appellant") appeals a decision of the Refugee Protection Division (RPD) rejecting his claim for refugee protection, dated August 27, 2013. His Notice of Appeal was received by the Refugee Appeal Division (RAD) on September 13, 2013. It indicates that the Appellant received the RPD's reasons on August 30, 2013. [2] The appeal is dismissed because the Appellant failed to perfect his 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) "Deborah Morrish" Deborah Morrish October 30, 2013 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB3-06325