MB6-06249
The RAD denied the application for extension of time because the appellants failed to submit the required two copies of the appellants' record with their extension application and provided no further material; pursuant to s.159.91(1)(b) IRPR and RAD Rules (including Rule 3 and section 6(5)), the appeal was not...
Source-derived case information.
- Citation
- MB6-06249
- Parties
- Appellant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX (alias XXXX) XXXX XXXX; Respondent: Minister (Immigration, Refugees and Citizenship Canada)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 30 November 2016
- Procedural Posture
- Refugee Appeal Under the Immigration and Refugee Protection Act/regulations / Decision on Application for Extension of Time to Perfect Appeal and Dismissal for Lack of Perfection
- Outcome
- Application for extension of time denied; appeal dismissed for lack of perfection.
- Legal Topics
- Appeal Time Limits, Perfection of Appeal, Extension of Time, Procedural Compliance With Tribunal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX (alias XXXX) XXXX XXXX
Appellant
Minister (Immigration, Refugees and Citizenship Canada)
Respondent
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act/regulations / Decision on Application for Extension of Time to Perfect Appeal and Dismissal for Lack of Perfection
Legal Issues
- 1 Whether an extension of time to perfect the appeal should be granted
- 2 Whether the appeal was properly perfected in accordance with RAD rules and timelines
- 3 Whether non‑compliance with RAD Rule 6(5) (submission of two copies of the record) justifies denial of extension and dismissal
Ratio Decidendi
The RAD denied the application for extension of time because the appellants failed to submit the required two copies of the appellants' record with their extension application and provided no further material; pursuant to s.159.91(1)(b) IRPR and RAD Rules (including Rule 3 and section 6(5)), the appeal was not perfected within the statutory/rule timelines and therefore was dismissed for lack of perfection.
Court Disposition
Application for extension of time denied; appeal dismissed for lack of perfection.
Orders
- Application for extension of time to perfect the appeal is denied.
- The appeal is dismissed for lack of perfection.
Full Case Text
Judgment text and source record
1 paragraphs
Commission de l'immigration et du statut de réfugié du Canada Section d'appel des réfugiés Immigration and Refugee Board of Canada Refugee Appeal Division N° de dossier de la SAR/RAD File No.: MB6-06249, MB6-06250, MB6-06251, MB6-06252, MB6-06253 Huis clos/Private Proceeding Motifs et décision - Reasons and Decision Appelant(e)(s) XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX (alias XXXX) XXXX XXXX Appellant(s) Appel instruit à Montréal, Québec Appeal considered / heard at Date de la décision November 30th, 2016 Date of Decision Tribunal Normand Leduc Panel Conseil(s) du (de la/des) Appelant(e)(s) N/A Counsel for the Appellant(s) Représentant(e)(s) désigné(e)(s) N/A Designated Representative(s) Conseil du (de la) Ministre N/A Counsel for the Minister REASONS FOR DECISION [1] The refugee Appeal Division (RAD) received, on October 18, 2016, a Notice of Appeal form with respect to the decision of the Refugee Protection Division (RDP) in the claim of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX (the persons). [2] According to our records, the notice of the decision of the RPD with written reasons is deemed to be received by the persons on September 29, 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 or the Minister to file an appeal is 15 days after the day on which the person or the Minister receives written reasons for the decision, and the time limit to perfect the appeal is 30 days after the same date. [4] The persons' record was due to be received by the Refugee Appeal Division (RAD) on or before October 29, 2016, and perfected in accordance with RAD Rule 3. [5] On October 28, 2016, the RAD received from the persons an Application for extension of time to perfect the appeal, but without two copies of the appellants' record, as required under Section 6 (5) of the RAD rules. [6] To date, the RAD has not received any further documents or any other applications from the persons. [7] For that reason, the Application for extension of time to perfect the appeal is denied. [8] Therefore, the appeal is dismissed for lack of perfection. Normand Leduc Normand Leduc November 30th, 2016 Date /ag 2 RAD.25.02 (April 9, 2013) Disponible en français N° de dossier de la SAR/RAD File No.: MB6-06249, MB6-06250, MB6-06251, MB6-06252, MB6-06253 2