VB4-02563
The RAD dismissed the appeal because the appellant did not perfect the appeal by filing the Appellant's Record within the 30-day time limit set out in subsection 159.91(1)(b) of the Regulations and did not comply with subsection 3(5) of the RAD Rules, justifying dismissal.
Source-derived case information.
- Citation
- VB4-02563
- Parties
- Appellant: XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 6 October 2014
- Procedural Posture
- Refugee Appeal / Appeal Dismissed for Failure to Perfect
- Outcome
- appeal dismissed
- Legal Topics
- Procedural Time Limits, Appeal Perfection, Dismissal for Non Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Appeal Dismissed for Failure to Perfect
Legal Issues
- 1 Whether the appellant perfected the appeal within the time limit prescribed by subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations
- 2 Whether failure to provide the Appellant's Record within the prescribed time permits dismissal under RAD Rules subsection 3(5)
Ratio Decidendi
The RAD dismissed the appeal because the appellant did not perfect the appeal by filing the Appellant's Record within the 30-day time limit set out in subsection 159.91(1)(b) of the Regulations and did not comply with subsection 3(5) of the RAD Rules, justifying dismissal.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed for failure to perfect pursuant to subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules.
Full Case Text
Judgment text and source record
1 paragraphs
The 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 : VB4-02563 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX XXXX XXXX XXXX XXXX Personne(s) en cause the subject of the appeal Appeal considered / heard at Appel instruit à Date of decision October 6, 2014 Date de la décision Panel Tribunal Counsel for the person(s) who is(are) N/A Conseil(s) du (de la/des) the subject of the appeal personne(s) en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX XXXX XXXX XXXX XXXX (the "appellant"), a national of Guinea-Bissau, on August 26, 2014. The Notice of Appeal indicated that the appellant received the RPD reasons on August 18, 2014. [2] The appeal is dismissed because the appellant failed to perfect his appeal by providing the Appellant's Record within the prescribed time required by subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations (the "Regulations")1 and subsection 3(5) of the Rules.2 Subsection 159.91(1)(b) of the Regulations provides that the time limit to perfect the appeal is 30 days after the day on which the appellant receives written reasons for the RPD decision. (signed) "Douglas Fortney" October 6, 2014 Date 1 Immigration and Refugee Protection Regulations, SOR/2002-227. 2 Refugee Appeal Division Rules, SOR/2012-257. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB4-02563