VB4-03205
The appeal is dismissed because the appellant failed to perfect the appeal by providing the Appellant's Record within the 30‑day time limit mandated by s.159.91(1)(b) of the Immigration and Refugee Protection Regulations and s.3(5) of the Refugee Appeal Division Rules.
Source-derived case information.
- Citation
- VB4-03205
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 3 December 2014
- Procedural Posture
- Refugee Appeal to Refugee Appeal Division / Decision on Perfection of Appeal (dismissal for Non‑perfection)
- Outcome
- Appeal dismissed for failure to perfect
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Compliance, Statutory Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX
Appellant
Minister (Canada)
Respondent
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Perfection of Appeal (dismissal for Non‑perfection)
Legal Issues
- 1 Whether the appellant perfected the appeal by filing the Appellant's Record within the prescribed time
- 2 Whether failure to provide the Appellant's Record within 30 days mandates dismissal under the Regulations and RAD Rules
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 mandated by s.159.91(1)(b) of the Immigration and Refugee Protection Regulations and s.3(5) of the Refugee Appeal Division Rules.
Court Disposition
Appeal dismissed for failure to perfect
Orders
- Appeal dismissed for failure to provide the Appellant's Record within 30 days as required by s.159.91(1)(b) IRPR and s.3(5) RAD Rules.
Full Case Text
Judgment text and source record
1 paragraphs
The 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 : VB4-03205 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 / heard at Appel instruit à Date of decision December 3, 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 Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX XXXX XXXX (the "appellant"), a national of Honduras, on October 29, 2014. The Notice of Appeal indicated that the appellant received the RPD reasons on October 17, 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 Refugee Appeal Division 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" December 3, 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 : VB4-03205