VB4-00058

RAD File No. / N° de dossier de la SAR : VB4-00058 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 In Chambers at Appel instruit à Date of decision February 6, 2014 Date de la décision Panel Tribunal Counsel for the person(s) who is(are) Bjorn Harsanyi 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 on January 7, 2014 a Notice of Appeal (NOA) from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX XXXX XXXX (the "appellant"), a national of Honduras. [2] The NOA indicated that the appellant received the RPD reasons on November 27, 2013. In accordance with timelines set out in paragraphs 159.91(1)(a) and (b) of the Immigration and Refugee Protection Regulations (the "Regulations")1 and subsections 2(4) and 3(5) of the Refugee Appeal Division Rules (the "RAD Rules"),2 the NOA was to be received by December 12, 2013 and the appeal was to be perfected by December 27, 2013. Subsection 159(2) of the Regulations sets out that the time limits to submit an NOA and to perfect an appeal may, for reasons of natural justice and fairness, be extended by the number of days necessary in the circumstances. [3] On January 7, 2014, counsel for the appellant submitted to the RAD an application for an extension of time to file the NOA and to perfect this appeal by January 31, 2014, citing the appellant's financial hardship and noting that the appellant only received his work permit on XXXX XXXX XXXX 2014. [4] On January 22, 2014 the RAD notified the appellant, counsel for the appellant and counsel for the Minister that, on an exceptional basis, the application to extend the time to file the Notice of Appeal was granted. The appellant and counsel for the appellant were requested to ensure that the Appellant's Record was received by the RAD no later than January 31, 2014 as stated in the fax to the RAD dated January 7, 2014 from counsel for the appellant. To date, no further communication or documentation has been received by the RAD from the appellant and counsel for the appellant. [5] The appeal is dismissed because the appellant failed to perfect his appeal by providing the Appellant's Record within the prescribed time periods required by paragraphs 159.91(1)(a) and (b) of the Regulations and subsections 2(4) and 3(5) of the RAD Rules. (signed) "Douglas Fortney" Febuary 6, 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 : VB4-00058 RAD.25.02 (April 9, 2013)