VB5-01689
The appeal is dismissed because the appellant failed to provide the Appellant's Record within the 30‑day time limit set by paragraph 159.91(1)(b) of the Regulations and subsection 3(5) of the Refugee Appeal Division Rules, and therefore did not perfect the appeal.
Source-derived case information.
- Citation
- VB5-01689
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration (Canada)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 28 July 2015
- Procedural Posture
- Refugee Appeal / Appeal Dismissed for Failure to Perfect
- Outcome
- Appeal dismissed
- Legal Topics
- Failure to Perfect Appeal, Time Limits, Appeal Procedure
- 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 (Canada)
Respondent
Procedural Posture
Refugee Appeal / Appeal Dismissed for Failure to Perfect
Legal Issues
- 1 Whether the appellant perfected the appeal within 30 days of receiving RPD written reasons
- 2 Whether failure to provide the Appellant's Record within the time prescribed by paragraph 159.91(1)(b) IRPR and subsection 3(5) RAD Rules mandates dismissal
Ratio Decidendi
The appeal is dismissed because the appellant failed to provide the Appellant's Record within the 30‑day time limit set by paragraph 159.91(1)(b) of the Regulations and subsection 3(5) of the Refugee Appeal Division Rules, and therefore did not perfect the appeal.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed for failure to perfect the appeal within the time prescribed by 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 : VB5-01689 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 July 28, 2015 Date de la décision Panel Tribunal Counsel for the person(s) who is(are) Simon Yu 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 Lebanon, on June 16, 2015. The Notice of Appeal indicated that the appellant received the RPD reasons on June 12, 2015. [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 paragraph 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 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) "Douglas Fortney" July 28, 2015 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 : VB5-01689