TB6-02566
The appeal was dismissed because the appellant failed to perfect the appeal by filing the Appellant's Record within the 30-day statutory time limit and did not apply for an extension, entitling the RAD to dismiss for lack of perfection.
Source-derived case information.
- Citation
- TB6-02566
- Parties
- Appellant: XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX XXXX)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 11 April 2016
- Procedural Posture
- Refugee Appeal / Appeal Dismissed for Lack of Perfection
- Outcome
- appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limit, Procedure for Perfecting Appeal, RAD Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX XXXX)
Appellant
Procedural Posture
Refugee Appeal / Appeal Dismissed for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the statutory time limit
- 2 Whether an extension of time to perfect the appeal was sought or granted
Ratio Decidendi
The appeal was dismissed because the appellant failed to perfect the appeal by filing the Appellant's Record within the 30-day statutory time limit and did not apply for an extension, entitling the RAD to dismiss 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
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 : TB6-02566 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision April 11, 2016 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Michael F. Loebach Barrister and Solicitor 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 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 (a.k.a. XXXX XXXX XXXX XXXX). [2] The Notice of Appeal was received by the RAD on February 22, 2016, 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 December 18, 2015, with written Reasons received by the person on February 8, 2016, rejecting his claim for refugee protection. [3] According to the RAD records, the RPD's decision was dated February 2, 2016 and was deemed to be received by XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX) on February 9, 2016. [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 March 10, 2016 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) "Deborah Morrish" Deborah Morrish April 11, 2016 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR :