VB6-00523
The appeal is dismissed because the appellant failed to perfect the appeal by not providing the Appellant's Record within the 30‑day period required by paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules.
Source-derived case information.
- Citation
- VB6-00523
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 20 April 2016
- Procedural Posture
- Refugee Appeal / Appeal Dismissed for Failure to Perfect
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Appeal Dismissed for Failure to Perfect
Legal Issues
- 1 Whether the appeal was perfected within the statutory time limit
- 2 Whether failure to provide the Appellant's Record warrants dismissal of the appeal
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 period required by paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed for failure to perfect by not providing the Appellant's Record within the prescribed time under paragraph 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 : VB6-00523 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 Appel instruit à Date of decision April 20, 2016 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 February 19, 2016 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 Somalia. The NOA indicated that the appellant received the written reasons for the RPD decision on February 8, 2016. [2] The appeal is dismissed because the appellant failed to perfect this 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 Regulations1 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) "" April 20, 2016 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 : VB6-00523