TB4-03059
Because the appellant failed to file the Appellant's Record by the regulatory deadline and did not seek an extension, the appeal is properly dismissed for lack of perfection under IRPR s.159.91(1)(b) and RAD Rule 3.
Source-derived case information.
- Citation
- TB4-03059
- Parties
- Appellant: XXXX XXXX XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX); Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 11 June 2014
- Procedural Posture
- Refugee Protection Appeal / Perfection Stage Appeal Dismissed for Lack of Perfection
- Outcome
- appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Compliance, RAD Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX)
Appellant
Minister
Respondent
Procedural Posture
Refugee Protection Appeal / Perfection Stage Appeal Dismissed for Lack of Perfection
Legal Issues
- 1 whether the appeal was perfected within the regulatory time limit
- 2 whether an extension of time to perfect the appeal was requested or granted
- 3 whether failure to perfect warrants dismissal of the appeal
Ratio Decidendi
Because the appellant failed to file the Appellant's Record by the regulatory deadline and did not seek an extension, the appeal is properly dismissed for lack of perfection under IRPR s.159.91(1)(b) and RAD Rule 3.
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 : TB4-03059 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXX XXXX XXXX(a.k.a. XXXX XXXX XXXX XXXX) Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision June 11, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Shirley Nguyen Conseil(s) du (de la/des) personne(s) en cause Barrister and Solicitor Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du (de la) 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 XXXX. [2] The Notice of Appeal was received by RAD on April 1, 2014, 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 March 19, 2014, with written reasons received by the person on March 27, 2014, rejecting claim for refugee protection. [3] According to the RAD records, the RPD decision was dated March 19, 2014 and was deemed to be received by XXXX XXXX XXXX XXXX XXXX on March 26, 2014. [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 April 25, 2014 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 persons. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) 'Ken Atkinson' Ken Atkinson June 11, 2014 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB4-03059