VB4-02376
The appeal is dismissed because the appellant did not provide the Appellant's Record within the 30-day perfection period required by subsection 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules, leaving no basis to proceed.
Source-derived case information.
- Citation
- VB4-02376
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 26 September 2014
- Procedural Posture
- Refugee Appeal / Dismissed for Failure to Perfect Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Time Limits, Procedural Requirements for Perfecting Appeal, 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 / Dismissed for Failure to Perfect Appeal
Legal Issues
- 1 Whether the appellant perfected the appeal by providing the Appellant's Record within the prescribed time
- 2 Whether the appeal must be dismissed for failure to perfect pursuant to the Regulations and RAD Rules
Ratio Decidendi
The appeal is dismissed because the appellant did not provide the Appellant's Record within the 30-day perfection period required by subsection 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules, leaving no basis to proceed.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed for failure to perfect the appeal by providing the Appellant's Record within the prescribed time under subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules.
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 : VB4-02376 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 / heard at Appel instruit à Date of decision September 26, 2014 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 received a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX XXXX (the "appellant"), a national of Cameroon, on August 8, 2014. The Notice of Appeal indicated that the appellant received the RPD reasons on July 22, 2014. [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 subsection 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 Subsection 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" September 26, 2014 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 : VB4-02376