TB5-00745
The appeal is dismissed because the appellant failed to perfect the appeal within the 30‑day time limit prescribed by s.159.91(1)(b) of the IRPR and did not apply for an extension of time; absence of the Appellant's Record meant the appeal could not proceed.
Source-derived case information.
- Citation
- TB5-00745
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 13 March 2015
- Procedural Posture
- Refugee Appeal Under the Immigration and Refugee Protection Act/regulations / Appeal Dismissed for Lack of Perfection (failure to Perfect Within Time Limit)
- Outcome
- Dismissed for lack of perfection
- Legal Topics
- Perfection of Appeal, Time Limits, Refugee Protection Claim Refusal, RAD Procedure
- 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 Appeal Under the Immigration and Refugee Protection Act/regulations / Appeal Dismissed for Lack of Perfection (failure to Perfect Within Time Limit)
Legal Issues
- 1 Whether the appellant perfected the appeal within the required time period
- 2 Whether an extension of time to perfect the appeal had been sought or granted
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal within the 30‑day time limit prescribed by s.159.91(1)(b) of the IRPR and did not apply for an extension of time; absence of the Appellant's Record meant the appeal could not proceed.
Court Disposition
Dismissed for lack of perfection
Orders
- Appeal dismissed for lack of perfection for failure to perfect within time; no further procedural orders
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB5-00745 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 March 13, 2015 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Michael D T Campbell 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. [2] The Notice of Appeal was received by RAD on January 21, 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 January 9, 2015, with written reasons received by the person on January 12, 2015, rejecting her claim for refugee protection. [3] According to the RAD records, the RPD decision was dated January 9, 2015 and was deemed to be received by XXXX XXXX XXXX on January 16, 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 February 16, 2015 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) "Deborah Morrish" Deborah Morrish March 13, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-00745