MB5-05868

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 : MB5-05868 Private Proceeding / Huis clos Reasons and Decision ? Motifs et décision Person who is the subject of the appeal XXXX XXXX XXXX XXXX XXXX Personne en cause Appeal considered at Montréal, Quebec Appel instruit à Date of decision January 25, 2016 Date de la décision Panel Normand Leduc Tribunal Counsel for the person who is the subject of the appeal N/A Conseil(s) 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 [1] On December 15, 2015, the appellant filed a notice of appeal with the Refugee Appeal Division (RAD) from a Refugee Protection Division (RPD) decision rejecting his claim for refugee protection. The RPD's notice of decision is dated December 3, 2015, and the appellant is deemed to have received it on December 10, 2015. [2] On December 15, 2015, the appellant also submitted an application for an extension of time to file and perfect an appeal, but without the appellant's record. [3] The perfecting of the appellant's record has exceeded the time limit set out in section 159.9 of the Immigration and Refugee Protection Regulations (IRPR), which was December 29, 2015, for the filing of the notice of appeal and January 11, 2016, for the perfecting of the record. 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 decision are received. Subsection 159.91(1) states: 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 IRPR 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] In this case, the application for an extension of time to perfect the appeal does not comply with subrule 6(5) of the Refugee Appeal Division Rules (RAD Rules), which states that the application for an extension of time must be accompanied by two copies of the appellant's record. [6] The RAD Registry contacted the appellant to inform him that he had to comply with subrule 6(4) of the RAD Rules, but to date, the appellant has not filed his appellant's record. [7] I am of the opinion that, by failing to submit his appellant's record, the appellant failed to demonstrate a continuing intention to pursue his appeal. [8] For these reasons, the application for an extension of time is dismissed. [9] Moreover, the appeal is dismissed because the record was not perfected within the time limit set out in paragraph 159.91(b) of the Regulations Amending the Immigration and Refugee Protection Regulations and subrule 3(5) of the RAD Rules, that is, within 30 days after the day on which the person or the Minister receives the reasons for decision, namely, on or before January 11, 2016. [10] The appeal is dismissed. Normand Leduc Normand Leduc January 25, 2016 Date IRB translation Original language: French 1 RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / No de dossier de la SAR : MB5-05868 2