TB3-09539
The appeal is dismissed because the appellant failed to perfect the appeal by providing the appellant's record within the 30‑day time limit set by s.159.91(1)(b) of the Regulations and s.3(5) of the RAD Rules, permitting dismissal for non‑compliance.
Source-derived case information.
- Citation
- TB3-09539
- Parties
- Appellant: XXXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 23 January 2014
- Procedural Posture
- Refugee Appeal / Appeal Considered by Refugee Appeal Division; Dismissed for Failure to Perfect Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Perfection, Procedural Compliance, Statutory Time Limits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Appeal Considered by Refugee Appeal Division; Dismissed for Failure to Perfect Appeal
Legal Issues
- 1 Whether the appellant perfected the appeal within the statutory time limit in s.159.91(1)(b) of the IRPR
- 2 Whether failure to provide the appellant's record within the prescribed time justifies dismissal of the appeal under the RAD Rules
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal by providing the appellant's record within the 30‑day time limit set by s.159.91(1)(b) of the Regulations and s.3(5) of the RAD Rules, permitting dismissal for non‑compliance.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed for failure to perfect within the prescribed time under s.159.91(1)(b) of the Immigration and Refugee Protection Regulations and s.3(5) of the Refugee Appeal Division Rules.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB3-09539 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision January 23, 2014 Date de la décision Panel C. Forbes Tribunal Counsel for the person(s) who is(are)the subject of the appeal Terry S. Guerriero 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 (de la) ministre Reasons and Decision [1] XXXXX (the "Appellant") appeals a decision of the Refugee Protection Division (RPD) rejecting her claim for refugee protection, dated November 29, 2013. Her Notice of Appeal was received by the Refugee Appeal Division (RAD) on December 20, 2013. It indicates that the Appellant received the RPD's reasons on December 6, 2013. [2] The appeal is dismissed because the Appellant failed to perfect her appeal by providing the appellant's record within the prescribed time required by section 159.91(1)(b) of the Immigration and Refugee Protection Regulations (the "Regulations") and section 3(5) of the Refugee Appeal Division Rules (the "RAD Rules"). Section 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's decision. (signed) "C. Forbes" C. Forbes January 23, 2014 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB3-09539