TB6-06158
The appeal is dismissed because the appellant failed to perfect the appeal within the 30-day statutory time limit under section 159.91(1)(b) of the IRPR and did not file an application for an extension of time before the deadline, justifying dismissal under RAD Rule 3.
Source-derived case information.
- Citation
- TB6-06158
- Parties
- Appellant: XXXX XXXX XXXX XXXX(a.k.a. XXXX XXXX XXXX XXXX) (a.k.a. XXXX XXXX); Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 11 July 2016
- Procedural Posture
- Refugee Appeal Under the Immigration and Refugee Protection Act/regulations / Appeal Dismissed for Lack of Perfection (failure to Perfect Within Time Limit)
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limit to Perfect Appeal, Procedural Requirements, RAD Rule 3, Section 159.91(1)(b) of IRPR
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
XXXX XXXX XXXX XXXX(a.k.a. XXXX XXXX XXXX XXXX) (a.k.a. XXXX XXXX)
Appellant
Minister
Respondent
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act/regulations / Appeal Dismissed for Lack of Perfection (failure to Perfect Within Time Limit)
Legal Issues
- 1 Whether the appeal was perfected within the 30-day time limit under section 159.91(1)(b) of the Immigration and Refugee Protection Regulations
- 2 Whether an application for an extension of time to perfect the appeal was filed before the deadline
- 3 Whether failure to perfect an appeal warrants dismissal under RAD procedures
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal within the 30-day statutory time limit under section 159.91(1)(b) of the IRPR and did not file an application for an extension of time before the deadline, justifying dismissal under 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 : TB6-06158 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXX(a.k.a. XXXX XXXX XXXX XXXX) (a.k.a. XXXX XXXX) Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision July 11, 2016 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Michael D T Campbell Barrister and Solicitor Conseil(s) du (de la/des) personne(s) en cause Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du 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. [2] The Notice of Appeal was received by RAD on May 6, 2016 from the person who is the subject of appeal (the "Person"). According to the Notice of Appeal, the Person is appealing a decision of the RPD with Notice of Decision dated April 27, 2016 and with written reasons received by the Person on May 3, 2016 rejecting her claim for refugee protection. [3] According to the RAD records, the RPD's decision was dated April 27, 2016 and was deemed to be received by the Person on May 4, 2016. [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 June 3, 2016 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) "Deborah Morrish" Deborah Morrish July 11, 2016 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB6-06158