TB6-13855
The appeal is dismissed because the appellant failed to perfect the appeal by filing the Appellant's Record or an application for an extension of time within the 30‑day period mandated by IRPR s.159.91(1)(b) and RAD Rule 3, therefore the appeal is not properly before the Division.
Source-derived case information.
- Citation
- TB6-13855
- Parties
- Appellant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 23 November 2016
- Procedural Posture
- Refugee Appeal Under Immigration and Refugee Protection Act / Appeal Dismissed for Lack of Perfection (failure to Perfect Within Statutory Time Limit)
- Outcome
- Dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limits, Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal Dismissed for Lack of Perfection (failure to Perfect Within Statutory Time Limit)
Legal Issues
- 1 Whether the appellant perfected the appeal within the 30‑day time limit under the Regulations
- 2 Whether an extension of time to perfect the appeal was filed and should be granted
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal by filing the Appellant's Record or an application for an extension of time within the 30‑day period mandated by IRPR s.159.91(1)(b) and RAD Rule 3, therefore the appeal is not properly before the Division.
Court Disposition
Dismissed for lack of perfection
Orders
- Appeal dismissed for failure to perfect within the statutory time limit
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 : TB6-13855 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision November 23, 2016 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Geraldine Macdonald 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 XXXX XXXX The Notice of Appeal was received by RAD on October 4, 2016, 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 with notice dated September 12, 2016 and with written reasons received by the person on October 4, 2016, rejecting his claim for refugee protection. [2] According to the RAD records, the RPD decision was dated September 12, 2016 and was deemed to be received by XXXX XXXX XXXX on September 19, 2016. [3] 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. [4] The Appellant's Record was due to be received by the Division on or before October 19, 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 person. [5] Therefore, the appeal is dismissed for lack of perfection. (signed) "Deborah Morrish" Deborah Morrish November 23, 2016 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB6-13855