TB5-07025
The appeal is dismissed because the appellant failed to perfect the appeal within the 30-day period specified by section 159.91(1)(b) of the IRPR and did not apply for an extension of time, leaving the Division without a perfected appeal to consider.
Source-derived case information.
- Citation
- TB5-07025
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 2 September 2015
- Procedural Posture
- Refugee Appeal / Dismissal for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection.
- Legal Topics
- Perfection of Appeal, Time Limit to Perfect, 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
Respondent
Procedural Posture
Refugee Appeal / Dismissal for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the 30-day time limit under the IRPR
- 2 Whether an extension of time to perfect the appeal was sought or granted
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal within the 30-day period specified by section 159.91(1)(b) of the IRPR and did not apply for an extension of time, leaving the Division without a perfected appeal to consider.
Court Disposition
Appeal dismissed for lack of perfection.
Orders
- Appeal dismissed for lack of perfection.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB5-07025 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 September 2, 2015 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Monaliza Enriquez 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 July 9, 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 June 22, 2015, with written reasons received by the person on June 25, 2015, rejecting claim for refugee protection. [3] According to the RAD records, the RPD decision was dated June 22, 2015 and was deemed to be received by XXXX XXXX XXXX on June 29, 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 July 29, 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 person. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) "Deborah Morrish" Deborah Morrish September 2, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-07025