TB6-11331
The appeal is dismissed because the appellant failed to perfect the appeal within the 30‑day regulatory period and did not apply for or obtain an extension of time; hence the appeal could not proceed.
Source-derived case information.
- Citation
- TB6-11331
- Parties
- Appellant: XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Refugee Protection Division
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 15 November 2016
- Procedural Posture
- Refugee Appeal / Dismissal for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limits, Procedure
- 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 XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Appellant
Refugee Protection Division
Respondent
Procedural Posture
Refugee Appeal / Dismissal for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the regulatory time limit to perfect an appeal
- 2 Whether an extension of time to perfect the appeal was sought or granted
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal within the 30‑day regulatory period and did not apply for or obtain an extension of time; hence the appeal could not proceed.
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
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 : TB6-11331 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX 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 15, 2016 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Smedley Prescod 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. [2] The Notice of Appeal was received by RAD on August 25, 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 of decision dated August 9, 2016 and with written reasons received by the person on August 15, 2016, rejecting his claim for refugee protection. [3] According to the RAD records, the RPD decision was dated August 9, 2016 and was deemed to be received by XXXX XXXX on August 16, 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 September 15, 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. [6] Therefore, the appeal is dismissed for lack of perfection. (signed) "Deborah Morrish" Deborah Morrish November 15, 2016 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB6-11331