MB6-04642

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. / No de dossier de la SAR : MB6-04642 Private Proceeding / Huis clos Reasons and Decision ? Motifs et décision Person who is the subject of the appeal XXXX XXXX XXXX XXXX Personne en cause Appeal considered at Montréal, Quebec Appel instruit à Date of decision September 21, 2016 Date de la décision Panel Normand Leduc Tribunal Counsel for the person who is the subject of the appeal Me Odette Desjardins Conseil de la personne en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS AND DECISION Application for an Extension of Time to File and Perfect the Appeal [1] On August 18, 2016, the appellant filed a notice of appeal with the Refugee Appeal Division (RAD) regarding a Refugee Protection Division (RPD) decision rejecting her claim for refugee protection. The RPD's notice of decision is dated July 20, 2016, and the appellant is therefore deemed to have received it on July 27, 2016. [2] On September 13, 2016, the appellant submitted an application for an extension of time to perfect an appeal, accompanied by the appellant's record. [3] The time limit to perfect the appellant's record has expired, as the time limit to perfect the record set out by section 159.9 of the Immigration and Refugee Protection Regulations (IRPR) was August 26, 2016. According to paragraphs 159.91(1)(a) and (b) of the IRPR, an appeal must be filed within 15 days after the day on which the written reasons for the decision are received, and the appeal must be perfected within 30 days after the day on which the written reasons for the decision are received. Subsection 159.91(1) states as follows: 159.91 (1) Subject to subsection (2), for the purpose of subsection 110(2.1.) of the Act, (a) the time limit for a person or the Minister to file an appeal to the Refugee Appeal Division against a decision of the Refugee Protection Division is 15 days after the day on which the person or the Minister receives written reasons for the decision; and (b) the time limit for a person or the Minister to perfect such an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision. [4] Subsection 159.91(2) of the Regulations states: 159.91 (2) If the appeal cannot be filed within the time limit set out in paragraph 1)(a) or perfected within the time limit set out in paragraph (1)(b), the Refugee Appeal Division may, for reasons of fairness and natural justice, extend each of those time limits by the number of days that is necessary in the circumstances. [5] There are three components to this subsection. First, the appellant must have been unable to file and perfect the appeal within the prescribed time limits. The appellant must provide an explanation for the delay and demonstrate a continuing intention to pursue the appeal. An affidavit must be filed to that effect. Second, the subsection refers to "necessary" number of days. The appellant must provide an explanation for every extra day requested. Third, extensions of time must be granted for reasons of procedural fairness and natural justice. [6] The panel is also guided by Canada (Attorney General) v. Pentney, 2008 FC 96, which establishes four factors to consider in applications for an extension of time: a) a continuing intention to pursue the appeal; b) an arguable case; c) a reasonable explanation for the delay; and d) no prejudice to the other party. The appellant is not required to meet all these factors. In considering these factors, the panel must ensure, first and foremost, that procedural fairness and the principles of natural justice are respected. [7] In this case, the appellant explains in her application that she filed her record late because she and her counsel mistakenly believed that the time limit to file her record began on the date of the filing of her notice of appeal. [8] The Minister of Public Safety and Emergency Preparedness of Canada (the Minister) did not intervene in this case. [9] I am of the opinion that the appellant demonstrated a continuing intention to pursue her appeal by filing her appellant's record within a reasonable time frame, considering the explanations provided. I consider that there was no prejudice to the other party, in this case the Minister. For reasons of natural justice and procedural fairness, the application for an extension of time is allowed, and the panel accepts the appeal record filed on September 13, 2016. [10] The application is allowed, and the appellant's record is deemed to have been perfected on the date of this decision, that is, September 21, 2016. Normand Leduc Normand Leduc September 21, 2016 Date IRB translation Original language: French 1 RAD.25.02 (2014.09.11) Disponible en français RAD File No. / No de dossier de la SAR : MB6-04642 3