TB3-08916

TB3-08916

The appeal was dismissed because the appellant failed to demonstrate a continuing intention to pursue the appeal, provided no affidavit or statutory declaration explaining the delay, did not perfect the appeal within regulatory time limits, and therefore no extension of time under s.159.91(2) could be justified.

Citation
TB3-08916
Parties
Appellant: XXXX XXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 May 2014
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Appeal Considered on Perfection/extension of Time; Dismissed for Lack of Perfection
Outcome
Appeal dismissed for lack of perfection
Legal Topics
Extension of Time, Appeal Perfection, Procedural Fairness, Time Limits
Source Language
English
Immigration Law Refugee Law Administrative Law Extension of Time Appeal Perfection Procedural Fairness Time Limits

Case Brief

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Parties

XXXX XXXXX

Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Appeal Considered on Perfection/extension of Time; Dismissed for Lack of Perfection

Legal Issues

  1. 1 Whether to extend time to perfect the appeal under section 159.91(2) of the Immigration and Refugee Protection Regulations
  2. 2 Whether the appellant demonstrated a continuing intention to pursue the appeal
  3. 3 Application of the established four-factor test for extension of time and requirement for supporting affidavit or statutory declaration

Ratio Decidendi

The appeal was dismissed because the appellant failed to demonstrate a continuing intention to pursue the appeal, provided no affidavit or statutory declaration explaining the delay, did not perfect the appeal within regulatory time limits, and therefore no extension of time under s.159.91(2) could be justified.

Court Disposition

Appeal dismissed for lack of perfection

Orders

  • Appeal dismissed for lack of perfection.
  • No extension of time under s.159.91(2) was granted.