VB8-00961

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 / Dossier de la SAR : VB8-00961 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 Vancouver, BC Appel instruit / entendu à Date of decision July 4, 2018 Date de la décision Panel Douglas Fortney Tribunal Counsel for the person(s) who is(are) the subject of the appeal David Matas Barrister and Solicitor Conseil(s) (de la/des) 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 (RAD) received on February 23, 2018 a Notice of Appeal from the decision of the Refugee Protection Division (RPD) in the claim of XXXX XXXX XXXX (appellant). The Notice of Appeal indicated that the appellant received the RPD reasons on February 20, 2018. The Appellant's Record was due on March 26, 2018 (now more than 100 days late). [2] On May 2, 2018, the RAD received an application for an extension of time to perfect the appeal as one of several applications for an extension of time covering several files held by the Vancouver RAD registry in respect of appeals before the RAD where Counsel Matas is counsel of record. [3] On May 31, 2018, the application for an extension of time to perfect the appeal was dismissed by the RAD for the following reasons: * The application for an extension of time to perfect the appeal was not made in a timely matter. * Counsel Matas had not provided an acceptable justification for this continuing delay. * Counsel Matas had not provided any evidence relevant to individual appeals but cited only the pressures of an increasing workload. * Counsel Matas had not made an arguable case why the application should be allowed. [4] In the RAD's dismissal of the application, counsel and the appellant were advised that if the appeal record was not received by June 25, 2018, the appeal may be dismissed for lack of perfection. To date no further communication has been received from counsel or the appellant. [5] The appeal is dismissed because the appellant failed to perfect the 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 (Regulations)1 and section 3(5) of the Refugee Appeal Division Rules.2 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 appellants receive written reasons for the RPD decision. (signed) "Douglas Fortney" Douglas Fortney July 4, 2018 Date 1 Immigration and Refugee Protection Regulations, SOR/2002-227. 2 Refugee Appeal Division Rules, SOR/2012-257. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File / Dossier de la SAR : VB8-00961 RAD.25.02 (April 24, 2018) Disponible en français