TB4-06998
The appeal was dismissed because the appellant failed to perfect the appeal by filing the Appellant's Record within the 30‑day time limit and did not apply for an extension; under s.159.91(1)(b) IRPR and RAD Rule 3 the Division must dismiss unperfected appeals.
Source-derived case information.
- Citation
- TB4-06998
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration; Tribunal Member: Ken Atkinson
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 6 October 2014
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Decision on Perfection of Appeal (dismissed for Lack of Perfection)
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Appeal Procedure, Time Limits, Perfection of Appeal, Procedural Default
- 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
Ken Atkinson
Tribunal Member
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Perfection of Appeal (dismissed for Lack of Perfection)
Legal Issues
- 1 Whether the appeal was perfected within the 30‑day time limit after receipt of written reasons
- 2 Whether an extension of time to perfect the appeal was applied for or granted
- 3 Whether the Appellant's Record was filed in accordance with RAD Rule 3
Ratio Decidendi
The appeal was dismissed because the appellant failed to perfect the appeal by filing the Appellant's Record within the 30‑day time limit and did not apply for an extension; under s.159.91(1)(b) IRPR and RAD Rule 3 the Division must dismiss unperfected appeals.
Court Disposition
Appeal dismissed for lack of perfection
Orders
- Appeal dismissed for lack of perfection
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB4-06998 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 October 6, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Jean Marie Vecina Conseil(s) du (de la/des) personne(s) en cause Barrister & Solicitor 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. [2] The Notice of Appeal was received by RAD on August 1, 2014, 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 July 18, 2014, with written reasons received by the person on July 18, 2014, rejecting his claim for refugee protection. [3] According to the RAD records, the RPD decision was dated July 18, 2014 and was deemed to be received by XXXX XXXX on July 25, 2014. [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 August 25, 2014 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) 'Ken Atkinson' Ken Atkinson October 6, 2014 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB4-06998