TB5-09379
The appeal is dismissed because the file was not perfected within the 30‑day period required by paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subrule 3(5) of the Refugee Appeal Division Rules.
Source-derived case information.
- Citation
- TB5-09379
- Parties
- Appellant: XXXX XXXX XXXX XXXX (alias XXXX XXXX XXXX XXXX)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 23 October 2015
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Dismissed for Failure to Perfect Within Regulatory Time Limit
- Outcome
- Appeal dismissed for failure to perfect within prescribed time limit.
- Legal Topics
- Appeal Time Limit, Perfection of File, Procedural Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX (alias XXXX XXXX XXXX XXXX)
Appellant
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Dismissed for Failure to Perfect Within Regulatory Time Limit
Legal Issues
- 1 Whether the appeal was perfected within the 30‑day time limit set out in paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subrule 3(5) of the Refugee Appeal Division Rules.
Ratio Decidendi
The appeal is dismissed because the file was not perfected within the 30‑day period required by paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subrule 3(5) of the Refugee Appeal Division Rules.
Court Disposition
Appeal dismissed for failure to perfect within prescribed time limit.
Orders
- Appeal dismissed for failure to perfect the file within the prescribed 30‑day time limit.
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. / No de dossier de la SAR : TB5-09379 Private Proceeding / Huis clos Reasons and Decision ? Motifs et décision Person(s) who is (are) the subject(s) of the appeal XXXX XXXX XXXX XXXX (alias XXXX XXXX XXXX XXXX) Personne(s) en cause Date(s) of hearing N/A Date(s) de l'audience Appeal considered/heard at Toronto, Ontario Appel instruit à Date of decision October 23, 2015 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is (are) the subject(s) of the appeal N/A Conseil(s) 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] On September 8, 2015, the Refugee Appeal Division (RAD) received a notice of appeal regarding a decision rendered by the Refugee Protection Division (RPD) on August 21, 2015, rejecting the claim for refugee protection filed by XXXX XXXX XXXX XXXX (the appellant). The appellant is deemed to have received the RPD's written reasons and decision on August 28, 2015. [2] The appeal is dismissed because the file was not perfected within the time limit set out in paragraph 159.91(1)(b) of the amended Immigration and Refugee Protection Regulations and subrule 3(5) of the Refugee Appeal Division Rules, namely, within 30 days after the day on which the person or the Minister receives the written reasons for decision, in this case, on or before September 28, 2015. [3] The appeal is dismissed. (signed) "Deborah Morrish" Deborah Morrish October 23, 2015 Date IRB translation Original language: French RAD.25.02 (September 11, 2014) No de dossier de la SAR / RAD File No.: TB5-09379 RAD.25.02 (April 9, 2013) RAD File No. / No de dossier de la SAR : TB5-09379