VB4-01301
The appeal is dismissed because the appellant did not provide the Appellant's Record within the 30-day period required by subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules, measured from the deemed receipt date of April 30, 2014.
Source-derived case information.
- Citation
- VB4-01301
- Parties
- Appellant: XXXX XXXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 25 June 2014
- Procedural Posture
- Refugee Protection Appeal / Appeal Considered by Refugee Appeal Division; Dismissed for Failure to Perfect
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Perfection, Procedural Time Limits, Deemed Receipt of Documents
- 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 XXXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Protection Appeal / Appeal Considered by Refugee Appeal Division; Dismissed for Failure to Perfect
Legal Issues
- 1 Whether the appellant perfected the appeal by providing the Appellant's Record within the statutory time limit
- 2 When the 30-day perfection period begins (deemed receipt of RPD reasons)
- 3 Whether failure to perfect requires dismissal under the Regulations and RAD Rules
Ratio Decidendi
The appeal is dismissed because the appellant did not provide the Appellant's Record within the 30-day period required by subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules, measured from the deemed receipt date of April 30, 2014.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed for failure to perfect by providing the Appellant's Record within the prescribed time
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 : VB4-01301 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXXX Personne(s) en cause the subject of the appeal Appeal considered / heard at Appel instruit à Date of decision June 25, 2014 Date de la décision Panel Tribunal Counsel for the person(s) who is(are) N/A Conseil(s) du (de la/des) the subject of the appeal personne(s) en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister Zonia Tock Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXXX (the "appellant"), a national of Cuba, on April 25, 2014. While the Notice of Appeal did not indicate when the appellant received the RPD reasons, according to RPD and RAD Rules,1 a document sent by regular mail is deemed to be received seven days after the date it was mailed. As the Notice of Decision was mailed on April 23, 2014, the appellant was deemed to have received the RPD reasons on April 30, 2014. [2] The appeal is dismissed because the appellant failed to perfect his appeal by providing the Appellant's Record within the prescribed time required by subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations (the "Regulations")2 and subsection 3(5) of the Refugee Appeal Division Rules. Subsection 159.91(1)(b) of the Regulations provides that the time limit to perfect the appeal is 30 days after the day on which the appellant receives written reasons for the RPD decision. (signed) "Douglas Fortney" June 25, 2014 Date 1 Refugee Appeal Division Rules, SOR/2012-257 and Refugee Protection Division Rules, SOR/2012-256. 2 Immigration and Refugee Protection Regulations, SOR/2002-227. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB4-01301