TB3-04415
The appellant failed to perfect the appeal by the deadline required under IRPR s.159.91(1)(b) and RAD Rule 3 and filed no further documents; therefore the RAD dismissed the appeal for lack of perfection.
Source-derived case information.
- Citation
- TB3-04415
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 21 August 2013
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Appeal Dismissed for Lack of Perfection (pre‑hearing Dismissal)
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Perfection of Appeal, Time Limits, Procedural Dismissal, RAD Rule 3
- 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 (refugee Appeal Division) / Appeal Dismissed for Lack of Perfection (pre‑hearing Dismissal)
Legal Issues
- 1 Whether the appeal was perfected within the statutory time limit
- 2 Whether the RAD must dismiss an appeal for failure to perfect under RAD Rule 3 and IRPR s.159.91(1)(b)
Ratio Decidendi
The appellant failed to perfect the appeal by the deadline required under IRPR s.159.91(1)(b) and RAD Rule 3 and filed no further documents; therefore the RAD dismissed the appeal for lack of perfection.
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 : TB3-04415 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 August 21, 2013 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Robin Edoh Conseil(s) du (de la/des) personne(s) en cause Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du (de la) 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 XXXX. [2] On July 2, 2013, the RAD received a Notice of Appeal from the person who is the subject of appeal. According to the Notice of Appeal, the person is appealing a decision of the RPD dated June 17, 2013, with written reasons received on June 21, 2013 rejecting her claim for refugee protection. [3] In accordance with the amended Immigration and Refugee Protection Regulations, section 159.91 (1)(b) provides that the time limit for a person or the Minister to perfect an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision. [4] The person's record was due to be received by the RAD on or before July 24, 2013 and perfected in accordance with RAD Rule 3. To date, the Division has not received any further documents from the person. [5] Therefore, the appeal is dismissed for lack of perfection. (signed) "Ken Atkinson" Ken Atkinson August 21, 2013 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB3-04415