VB5-02701
The appeal is dismissed because the appellant failed to perfect the appeal by not providing the Appellant's Record within the 30‑day time limit set out in paragraph 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules.
Source-derived case information.
- Citation
- VB5-02701
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 5 October 2015
- Procedural Posture
- Refugee Appeal / Dismissed for Failure to Perfect Appeal
- Outcome
- Appeal dismissed for failure to perfect within prescribed time
- Legal Topics
- Appeal Perfection, Procedural Time Limits, Dismissal for Non‑compliance
- 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 / Dismissed for Failure to Perfect Appeal
Legal Issues
- 1 Whether the appeal was perfected within the prescribed time under paragraph 159.91(1)(b) of the IRPR
- 2 Whether failure to provide the Appellant's Record within the prescribed time requires dismissal under subsection 3(5) of the RAD Rules
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal by not providing the Appellant's Record within the 30‑day time limit set out in paragraph 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules.
Court Disposition
Appeal dismissed for failure to perfect within prescribed time
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Immigration and Refugee Board of Canada Refugee Appeal Division Commission de l'immigration et du statut de réfugié du Canada Section d'appel des réfugiés RAD File No. / N° de dossier de la SAR : VB5-02701 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX XXXX Personne(s) en cause the subject of the appeal Appeal considered at Vancouver, BC Appel instruit à Date of decision October 5, 2015 Date de la décision Panel Tribunal Counsel for the person(s) who is(are) N/A Conseil(s) du (de la/des) the subject of the appeal personne(s) en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received on September 9, 2015 a Notice of Appeal (NOA) from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX XXXX (the "appellant"), a national of Ethiopia. The NOA indicated that the appellant received the RPD reasons on August 26, 2015. [2] The appeal is dismissed because the appellant failed to perfect his appeal by not providing the Appellant's Record within the prescribed time required by paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations (the "Regulations")1 and subsection 3(5) of the Refugee Appeal Division Rules.2 Paragraph 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 decision. (signed) "Douglas Fortney" October 5, 2015 Date 1 Immigration and Refugee Protection Regulations, SOR/2002-227. 2 Refugee Appeal Division Rules, SOR/2012-257. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : RAD File No. / N° de dossier de la SAR : RAD File No. / N° de dossier de la SAR : VB5-02701