TB4-12757
The appeal was dismissed because the appellant failed to file the Appellant's Record within the 30‑day statutory period following deemed receipt of written reasons and did not apply for an extension of time to perfect the appeal.
Source-derived case information.
- Citation
- TB4-12757
- Parties
- Appellant: XXXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 17 February 2015
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Decision on Perfection — Appeal Dismissed for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection.
- Legal Topics
- Appeal Perfection, Time Limits for Appeals, Procedural Requirements, Deemed Receipt of Decision
- 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 (refugee Appeal Division) / Decision on Perfection — Appeal Dismissed for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the statutory deadline
- 2 Whether an extension of time to perfect the appeal was sought or granted
- 3 Whether the appeal should be dismissed for lack of perfection
Ratio Decidendi
The appeal was dismissed because the appellant failed to file the Appellant's Record within the 30‑day statutory period following deemed receipt of written reasons and did not apply for an extension of time to perfect the appeal.
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
RAD File No. / N° de dossier de la SAR : TB4-12757 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 February 17, 2015 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Atul Subedi 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 claim of XXXXX. [2] The Notice of Appeal was received by RAD on December 29, 2014, 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 dated December 5, 2014, with written reasons received by the person on December 12, 2014, rejecting his claim for refugee protection. [3] According to the RAD records, the RPD decision was dated December 5, 2014 and was deemed to be received by XXXXX on December 12, 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 January 12, 2015 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) 'Ken Atkinson' Ken Atkinson February 17, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB4-12757