TB6-02797
The appeal is dismissed because the Appellant failed to perfect the appeal within the 30‑day regulatory time limit and did not apply for an extension of time, and the Division received neither the Appellant's Record nor an extension application by the due date.
Source-derived case information.
- Citation
- TB6-02797
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 10 May 2016
- Procedural Posture
- Refugee Protection Appeal / Dismissed for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limits for Appeals, Procedural Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
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 was sought and granted
- 3 Whether failure to perfect the appeal warrants dismissal
Ratio Decidendi
The appeal is dismissed because the Appellant failed to perfect the appeal within the 30‑day regulatory time limit and did not apply for an extension of time, and the Division received neither the Appellant's Record nor an extension application by the due date.
Court Disposition
Appeal dismissed for lack of perfection
Orders
- Appeal dismissed for lack of perfection; no further relief granted
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 : TB6-02797 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 10, 2016 Date de la décision Panel Luis F. Agostinho Tribunal Counsel for the person(s) who is(are)the subject of the appeal N/A 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 February 25, 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 February 15, 2016, with written reasons received by the person on February 18, 2016, rejecting claim for refugee protection. [3] According to the RAD records, the RPD decision was dated February 15, 2016 and was deemed to be received by XXXX XXXX XXXX on February 22, 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 23, 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 persons. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) "Luis F. Agostinho" Luis F. Agostinho May 10, 2016 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB6-02797