MB5-01802
The appeal was dismissed because the required records were not received by the Refugee Appeal Division by the applicable deadline, and under IRPR s.159.91(1)(b) and RAD Rule 3 failure to perfect an appeal attracts dismissal.
Source-derived case information.
- Citation
- MB5-01802
- Parties
- Appellant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 4 June 2015
- Procedural Posture
- Refugee Appeal / Appeal Dismissed for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Refugee Appeal, Perfection of Appeal, Procedural Requirements, Time Limits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Appeal Dismissed for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the time limit and in accordance with RAD rules
- 2 Whether failure to submit required records by the deadline warrants dismissal for lack of perfection
Ratio Decidendi
The appeal was dismissed because the required records were not received by the Refugee Appeal Division by the applicable deadline, and under IRPR s.159.91(1)(b) and RAD Rule 3 failure to perfect an appeal attracts dismissal.
Court Disposition
Appeal dismissed for lack of perfection
Orders
- Appeal dismissed
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 : MB5-01802 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 June 4, 2015 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal Johnson Babalola Conseil de la personne en cause Designated representative N/A Représentant désigné Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division received a Notice of Appeal from the decision of the Refugee Protection Division (RPD) in the claim of XXXX XXXX XXXX XXXX XXXX (the "person"). According to the Notice of Appeal, the person is appealing a decision of the RPD dated April 15, 2015, and with written reasons deemed to be received on April 22, 2015, rejecting her claim for refugee protection. [2] In accordance with the amended Immigration and Refugee Protection Regulations, section 159.91(1)(b) provides that the time limit for a person or the Minister to perfect an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision. [3] The person's records were due to be received by the Refugee Appeal Division on or before May 22, 2015 and perfected in accordance with RAD Rule 3. To date, the Division has not received any further documents from the persons. [4] Therefore, the appeal is dismissed for lack of perfection. Diane Sokolyk Me Diane Sokolyk June 4, 2015 Date /kp RAD.25.02 (2014.09.11) Disponible en français RAD File No. / N° de dossier de la SAR : MB5-01802 2