MB5-02648
The appeal was dismissed because the appellants did not perfect the appeal within the 30‑day time limit required by paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations and did not file the record as required by Rule 3 of the Refugee Appeal Division Rules.
Source-derived case information.
- Citation
- MB5-02648
- Parties
- Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 30 July 2015
- Procedural Posture
- Refugee Protection Appeal / Appeal Before Refugee Appeal Division; Consideration of Whether Appeal Was Perfected Within Regulatory Time Limit
- Outcome
- appeal dismissed for failure to perfect
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Default, Refugee Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Appellant
XXXX XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Protection Appeal / Appeal Before Refugee Appeal Division; Consideration of Whether Appeal Was Perfected Within Regulatory Time Limit
Legal Issues
- 1 Whether the appeal was perfected within the 30‑day regulatory time limit
- 2 Whether failure to perfect the appeal warrants dismissal
Ratio Decidendi
The appeal was dismissed because the appellants did not perfect the appeal within the 30‑day time limit required by paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations and did not file the record as required by Rule 3 of the Refugee Appeal Division Rules.
Court Disposition
appeal dismissed for failure to perfect
Orders
- Appeal dismissed because it was not perfected
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. / No de dossier de la SAR : MB5-02648 MB5-02649 Private Proceeding / Huis clos Reasons and Decision ? Motifs et décision Persons who are the subjects of the appeal XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Personnes en cause Appeal considered at Montréal, Quebec Appel instruit à Date of decision July 30, 2015 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the persons who are the subjects of the appeal Me Jacques J Bahimanga Conseil des personnes en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre RAD File No. / No de dossier de la SAR : MB5-02648 MB5-02649 REASONS FOR DECISION [1] On June 23, 2015, the Refugee Appeal Division (RAD) received a notice of appeal regarding a decision rendered by the Refugee Protection Division (RPD) in the claim for refugee protection filed by XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX (the appellants). The notice of appeal states that the appellants are represented by counsel. [2] The appellants are appealing an RPD decision dated June 2, 2015, rejecting their claim for refugee protection. The written reasons are deemed to have been received on June 9, 2015. [3] In accordance with paragraph 159.91(1)(b) of the amended Immigration and Refugee Protection Regulations, the time limit for a person or the Minister to perfect an appeal against a decision of the RPD is 30 days after the day on which the person or the Minister receives written reasons for the decision. [4] The appellants' record should have been received by the RAD on or before July 23, 2015, and the appeal perfected in accordance with rule 3 of the Refugee Appeal Division Rules. To date, the RAD has not received any further documents from the appellants. [5] Consequently, the appeal is dismissed because it was not perfected. Diane Sokolyk Me Diane Sokolyk July 30, 2015 Date IRB translation Original language: French 3 RAD.25.02 (2014.09.11) Disponible en français