TB3-05282

TB3-05282

The appeal is dismissed because it was not perfected within the 30-day limit under IRPR s.159.91(1)(b) and the Appellant's extension application was non-compliant with RAD Rules (no record filed and failure to state the decision sought), therefore the extension was denied.

Citation
TB3-05282
Parties
Appellant: XXXXX XXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 October 2013
Procedural Posture
Refugee Appeal / Extension of Time Application; Dismissal for Failure to Perfect Appeal
Outcome
Appeal dismissed; application for extension of time denied.
Legal Topics
Extension of Time, Time Limits, Procedural Non Compliance, Failure to Perfect an Appeal, RAD Rules
Source Language
English
Immigration Law Refugee Law Administrative Law Extension of Time Time Limits Procedural Non Compliance Failure to Perfect an Appeal RAD Rules

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Parties

XXXXX XXXXX

Appellant

Procedural Posture

Refugee Appeal / Extension of Time Application; Dismissal for Failure to Perfect Appeal

Legal Issues

  1. 1 Whether the appeal was perfected within the time limit set by IRPR s.159.91(1)(b)
  2. 2 Whether the Appellant's application for an extension of time complied with RAD Rules and justified an extension
  3. 3 Whether the appeal record was filed as required

Ratio Decidendi

The appeal is dismissed because it was not perfected within the 30-day limit under IRPR s.159.91(1)(b) and the Appellant's extension application was non-compliant with RAD Rules (no record filed and failure to state the decision sought), therefore the extension was denied.

Court Disposition

Appeal dismissed; application for extension of time denied.

Orders

  • Dismissal of appeal for failure to perfect within time limit
  • Application for extension of time denied for non-compliance with RAD Rules