VB4-03014
The appeal was dismissed because the appellant failed to perfect the appeal by filing the Appellant's Record within the 30‑day period prescribed by subsection 159.91(1)(b) IRPR and subsection 3(5) of the RAD Rules; no extension was granted.
Source-derived case information.
- Citation
- VB4-03014
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration (Canada)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 28 November 2014
- Procedural Posture
- Refugee Appeal / Appeal to Refugee Appeal Division; Application for Extension of Time to Perfect Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Extension of Time, Perfection of Appeal, Statutory Time Limits, 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 (Canada)
Respondent
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division; Application for Extension of Time to Perfect Appeal
Legal Issues
- 1 Whether the appellant perfected the appeal within the statutory time limit in subsection 159.91(1)(b) IRPR
- 2 Whether an extension of time to perfect the appeal should be granted under the RAD Rules
- 3 Whether failure to provide the Appellant's Record within the prescribed time requires dismissal of the appeal
Ratio Decidendi
The appeal was dismissed because the appellant failed to perfect the appeal by filing the Appellant's Record within the 30‑day period prescribed by subsection 159.91(1)(b) IRPR and subsection 3(5) of the RAD Rules; no extension was granted.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed for failure to perfect the appeal; no extension of time 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 : VB4-03014 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX XXXX Personne(s) en cause the subject of the appeal Appeal considered at Vancouver, BC Appel instruit à Date of decision November 28, 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 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 Honduras, on October 7, 2014. The Notice of Appeal indicated that the appellant received the RPD reasons on September 23, 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" November 28, 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 : VB4-03014