VB4-02743
The appeal is dismissed because the appellant failed to perfect the appeal by providing the Appellant's Record within the 30‑day time limit prescribed by subsection 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules.
Source-derived case information.
- Citation
- VB4-02743
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 14 November 2014
- Procedural Posture
- Refugee Appeal Under the Immigration and Refugee Protection Act / Notice of Appeal Filed and Application for Extension of Time; Appeal Considered and Dismissed for Failure to Perfect
- Outcome
- Appeal dismissed for failure to perfect within prescribed time
- Legal Topics
- Appeal Perfection, Time Limits, Extension of Time, Dismissal for Non‑compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX
Appellant
Minister
Respondent
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Notice of Appeal Filed and Application for Extension of Time; Appeal Considered and Dismissed for Failure to Perfect
Legal Issues
- 1 Whether the appellant perfected the appeal within the time limit prescribed by subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subsection 3(5) of the RAD Rules
- 2 Whether an extension of time to perfect should be granted
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal by providing the Appellant's Record within the 30‑day time limit prescribed by subsection 159.91(1)(b) of the Regulations and subsection 3(5) of the RAD Rules.
Court Disposition
Appeal dismissed for failure to perfect within prescribed time
Orders
- Appeal dismissed.
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 : VB4-02743 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is (are) XXXX XXXX XXXX XXXX Personne(s) en cause the subject of the appeal Appeal considered at Appel instruit à Date of decision November 14, 2014 Date de la décision Panel Tribunal Counsel for the person(s) who is (are) N/A Conseil(s) du (de la/des) the subject of the appeal personne(s) en cause Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received a Notice of Appeal on September 11, 2014 and application for an extension of time to perfect an appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX XXXX XXXX (the "appellant"), a national of Colombia, on October 10, 2014. The Notice of Appeal indicated that the appellant received the RPD reasons on September 11, 2014. [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 subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations (the "Regulations")1 and subsection 3(5) of the RAD Rules.2 Subsection 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" November 14, 2014 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 : VB4-02743