TB5-10154
The appeal was dismissed because the appellant failed to perfect the appeal within the 30‑day statutory period following deemed receipt of written reasons and did not apply for an extension; therefore RAD lacked a perfected record to proceed.
Source-derived case information.
- Citation
- TB5-10154
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration; Decision Maker: Refugee Protection Division
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 12 November 2015
- Procedural Posture
- Refugee Appeal Under Immigration and Refugee Protection Act/regulations / Appeal Dismissed for Lack of Perfection (failure to Perfect Within Statutory Time)
- Outcome
- Appeal dismissed for lack of perfection.
- Legal Topics
- Perfection of Appeal, Time Limits, Deemed Receipt
- 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
Refugee Protection Division
Decision Maker
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act/regulations / Appeal Dismissed for Lack of Perfection (failure to Perfect Within Statutory Time)
Legal Issues
- 1 Whether the appeal was perfected within the statutory time limit
- 2 Whether an extension of time to perfect the appeal was applied for and granted
- 3 Whether failure to perfect warrants dismissal of the appeal
Ratio Decidendi
The appeal was dismissed because the appellant failed to perfect the appeal within the 30‑day statutory period following deemed receipt of written reasons and did not apply for an extension; therefore RAD lacked a perfected record to proceed.
Court Disposition
Appeal dismissed for lack of perfection.
Orders
- Appeal dismissed for lack of perfection (failure to perfect the appeal by October 16, 2015)
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 : TB5-10154 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 November 12, 2015 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal John Rokakis Barrister and Solicitor 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 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 was received by RAD on September 28, 2015, from the person who is the subject of appeal ("person"). According to the Notice of Appeal, the person is appealing a decision of the RPD dated September 9, 2015, with written reasons received by the person on September 14, 2015, rejecting her claim for refugee protection. [3] According to the RAD's records, the RPD's Notice of Decision was dated September 9, 2015 and was deemed to be received by XXXX XXXX XXXX on September 16, 2015. [4] In accordance with the amended Immigration and Refugee Protection Regulations, 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 October 16, 2015 and perfected in accordance with RAD Rule 3. To date, the Division has received neither the appellant's record nor an application for an extension of time to perfect an appeal from the person. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) "Deborah Morrish" Deborah Morrish November 12, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-10154