TB4-07245
The appeal is dismissed because the appellants failed to perfect the appeal within the 30 day statutory time limit and did not apply for an extension of time, therefore the RAD must dismiss the appeal for lack of perfection.
Source-derived case information.
- Citation
- TB4-07245
- Parties
- Appellant: XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX; Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration (Canada)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 29 September 2014
- Procedural Posture
- Refugee Appeal / Decision on Perfection Appeal Dismissed
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Appeal Time Limit, Perfection of Appeal, Procedural Requirements
- 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 XXXXXXXX XXXX XXXX XXXXXXXX XXXX
Appellant
XXXX XXXX
Appellant
XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration (Canada)
Respondent
Procedural Posture
Refugee Appeal / Decision on Perfection Appeal Dismissed
Legal Issues
- 1 Whether the appeal was perfected within the statutory time limit
- 2 Whether an extension of time to perfect the appeal should be granted
- 3 Consequences of failure to perfect an appeal
Ratio Decidendi
The appeal is dismissed because the appellants failed to perfect the appeal within the 30 day statutory time limit and did not apply for an extension of time, therefore the RAD must dismiss the appeal for lack of perfection.
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 : TB4-07245 TB4-07246 TB4-07247 TB4-07248 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision September 29, 2014 Date de la décision Panel Edward Bosveld Tribunal Counsel for the person(s) who is(are)the subject of the appeal John Rokakis Barrister & 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 claims of XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX. [2] The Notice of Appeal was received by RAD on August 11, 2014, from the persons who are the subjects of appeal ("persons"). According to the Notice of Appeal, the persons are appealing a decision of the RPD dated July 25, 2014, with written reasons received by the person on July 28, 2014, rejecting their claims for refugee protection. [3] According to the RAD records, the RPD decision was dated July 25, 2014 and was deemed to be received by XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX on August 1, 2014. [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 2, 2014 and perfected in accordance with RAD Rule 3. To date, the Division has received neither the Appellants' 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) "Edward Bosveld" Edward Bosveld September 29, 2014 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB4-07245 TB4-07246 TB4-07247 TB4-07248