TB5-03016
The appeal was dismissed because the appellant failed to perfect the appeal within the regulatory time limit and did not file an application for an extension of time, leaving the Division without a perfected record to proceed.
Source-derived case information.
- Citation
- TB5-03016
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 15 May 2015
- Procedural Posture
- Refugee Protection Appeal / Dismissed for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limits, Extension of Time, Procedural Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
XXXX XXXX XXXX XXXX
Appellant
Minister
Respondent
Procedural Posture
Refugee Protection Appeal / Dismissed for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the regulatory time limit
- 2 Whether an extension of time to perfect the appeal had been applied for or should be granted
Ratio Decidendi
The appeal was dismissed because the appellant failed to perfect the appeal within the regulatory time limit and did not file an application for an extension of time, leaving the Division without a perfected record to proceed.
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 : TB5-03016 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision May 15, 2015 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Ali A Naqvi 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 XXXX [2] The Notice of Appeal was received by RAD on March 24, 2015, 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 March 3, 2015, with written reasons received by the person on March 9, 2015, rejecting claim for refugee protection. [3] According to the RAD records, the RPD decision was dated March 2, 2015 and was deemed to be received by XXXX XXXX XXXX on March 9, 2015. [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 April 8, 2015 and perfected in accordance with RAD Rule 3. On April 10, 2015, a Memorandum was submitted. RAD advised counsel by a fax dated April 10, 2015 of the deficiencies in the record and to submit an Application for an extension of time to perfect an appeal. To date, the Division has received neither the perfected Appellant's Record nor an application for an extension of time to perfect an appeal from the persons. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) "Deborah Morrish" Deborah Morrish May 15, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-03016