MB6-02397

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. / No de dossier de la SAR : MB6-02397 Private Proceeding / Huis clos Reasons and Decision - Motifs et décision Person who is the subject of the appeal XXXX XXXX XXXX Personne en cause Appeal considered at Montréal, Quebec Appel instruit à Date of decision June 28, 2016 Date de la décision Panel Normand Leduc Tribunal Counsel for the person who is the subject of the appeal Me Stéphanie Valois Conseil de la personne en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS AND DECISION Application for an Extension of Time to File and Perfect the Appeal [1] On May 6, 2016, the appellant filed with the Refugee Appeal Division a notice of appeal against a Refugee Protection Division (RPD) decision rejecting his refugee protection claim. The RPD notice of decision is dated April 18, and the appellant is deemed to have received it on April 25, 2016. [2] On June 10, 2016, the appellant filed an application for an extension of time to perfect an appeal, accompanied by the appellant's record. [3] The time limit for perfecting the appellant's record has expired, as the time limit set out in section 159.9 of the Immigration and Refugee Protection Regulations (IRPR) was May 25, 2016. According to paragraphs 159.91(1)(a) and (b) of the IRPR, an appeal must be filed within 15 days after the day on which the written reasons for the decision are received, and the appeal must be perfected within 30 days after the day on which written reasons for the decision are received. Subsection 159.91(1) states: 159.91 (1) Subject to subsection (2), for the purpose of subsection 110(2.1) of the Act, (a) the time limit for a person or the Minister to file an appeal to the Refugee Appeal Division against a decision of the Refugee Protection Division is 15 days after the day on which the person or the Minister receives written reasons for the decision; and (b) the time limit for a person or the Minister to perfect such an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision. [4] Subsection 159.91(2) of the IRPR states: 159.91 (2) If the appeal cannot be filed within the time limit set out in paragraph 1)(a) or perfected within the time limit set out in paragraph (1)(b), the Refugee Appeal Division may, for reasons of fairness and natural justice, extend each of those time limits by the number of days that is necessary in the circumstances. [5] This subsection contains three components. First, the appellant must have been unable to file and perfect the appeal within the prescribed time limits. The appellant must provide an explanation for the delay and demonstrate a continuing intention to pursue the appeal. An affidavit should be submitted to this effect. Second, the subsection refers to the "necessary" number of days. [6] The appellant must provide an explanation for every extra day requested. Third, extensions of time must be granted for reasons of procedural fairness and natural justice. [7] The panel is also guided by Canada (Attorney General) v. Pentney, 2008 FC 96, which establishes four factors to consider in applications for an extension of time: (a) a continuing intention to pursue the appeal; (b) an appeal that has merit; (c) a reasonable explanation for the delay; and (d) no prejudice to the other party. The appellant is not required to meet all these factors. In considering these factors, the panel must ensure, first and foremost, that procedural fairness and the principles of natural justice are respected. [8] In this matter, the appellant explains his delay in filing his record by the fact that the counsel he had retained to represent him told him on May 23, 2016, that he had not been able to obtain a legal aid mandate (from the province of Ontario, where the appellant lives) and that, consequently, he could no longer represent him. The appellant contacted his current counsel as quickly as possible, and his counsel produced the appellant's record and the current application. [9] The Minister of Public Safety and Emergency Preparedness of Canada (the Minister) did not intervene in this case. [10] I find that the appellant has demonstrated a continuing intention to pursue his appeal by filing his appellant's record within a reasonable delay, 16 days, considering the explanations provided. I am of the opinion that there was no prejudice to the other party, the Minister, in this case. For reasons of natural justice and procedural fairness, the application for an extension of time is allowed, and the panel accepts the appeal record submitted on June 10, 2016. [11] The application is allowed, and the appellant's record is deemed to have been perfected on the date of this decision, that is, June 28, 2016. Normand Leduc Normand Leduc June 28, 2016 Date IRB translation Original Language: French 1 RAD.25.02 (2014.09.11) Disponible en français RAD File No. / No de dossier de la SAR : MB6-02397 4