MB5-05715
The appeal is dismissed because the file was not perfected within the 30-day time limit set by paragraph 159.91(b) and subrule 3(5), and no extension of time was applied for.
Source-derived case information.
- Citation
- MB5-05715
- Parties
- Appellant: XXXXX XXXXX; Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 7 January 2016
- Procedural Posture
- Refugee Protection Appeal / Appeal Dismissed for Failure to Perfect Within Prescribed Time Limit
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Perfection Deadline, Extension of Time, Procedural Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX
Appellant
Minister
Respondent
Procedural Posture
Refugee Protection Appeal / Appeal Dismissed for Failure to Perfect Within Prescribed Time Limit
Legal Issues
- 1 Whether the appeal was perfected within the 30-day time limit following receipt of the RPD reasons
- 2 Whether an extension of time to perfect the appeal was sought or granted
Ratio Decidendi
The appeal is dismissed because the file was not perfected within the 30-day time limit set by paragraph 159.91(b) and subrule 3(5), and no extension of time was applied for.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
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. / No de dossier de la SAR : MB5-05715 Private Proceeding / Huis clos Reasons and Decision ? Motifs et décision Person who is the subject of the appeal XXXXX XXXXX Personne en cause Appeal considered at Montréal, Quebec Appel instruit à Date of decision January 7, 2016 Date de la décision Panel Normand Leduc Tribunal Counsel for the person who is the subject of the appeal Jacques Despatis Conseil de la personne en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] On December 7, 2015, the Refugee Appeal Division (RAD) received a notice of appeal from a decision rendered by the Refugee Protection Division (RPD) regarding the claim for refugee protection filed by XXXXX XXXXX (the appellant). The appellant indicates in the notice of appeal that he received the RPD's reasons rejecting his claim for refugee protection on November 20, 2015. [2] The appeal is dismissed because the file was not perfected within the time limit set out in paragraph 159.91(b) of the Regulations Amending the Immigration and Refugee Protection Regulations and subrule 3(5) of the Refugee Appeal Division Rules, that is, within 30 days after the day on which the person who is the subject of the appeal or the Minister receives the reasons for decision, namely, on or before December 21, 2015, in this case. [3] No application for an extension of time to perfect this file was received. [4] The appeal is dismissed. Normand Leduc Normand Leduc January 7, 2016 Date IRB translation Original language: French 1 RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / No de dossier de la SAR : MB5-05715 2