MB3-02762
The appeal was dismissed because it was not perfected within the 30-day period prescribed by paragraph 159.91(b) and RAD Rule 3(5); the Division therefore had no jurisdiction to hear the appeal.
Source-derived case information.
- Citation
- MB3-02762
- Parties
- Appellant: XXXXX XXXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 19 September 2013
- Procedural Posture
- Refugee Appeal / Decision on Timeliness Appeal Dismissed for Failure to Perfect Within 30 Days
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Timeliness, Perfection of Appeal, Procedural Compliance, Refugee Appeal Division Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Decision on Timeliness Appeal Dismissed for Failure to Perfect Within 30 Days
Legal Issues
- 1 Whether the appeal was perfected within the 30-day time limit
- 2 Application of paragraph 159.91(b) of the Regulations Amending the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules
Ratio Decidendi
The appeal was dismissed because it was not perfected within the 30-day period prescribed by paragraph 159.91(b) and RAD Rule 3(5); the Division therefore had no jurisdiction to hear the appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed for failure to perfect within the statutory 30-day period (deadline August 21, 2013).
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : MB3-02762 Private Proceeding / Huis clos Reasons and Decision - Motifs et decision Appellant(s) XXXXX XXXXX Appelant(s) Appeal considered / heard at Montréal, Quebec Appel instruit à Date of Decision September 19, 2013 Date de la décision Panel Me Diane Sokolyk Tribunal Appellant's Counsel Me Luc Desmarais Conseil de l'appelant (des appelants) Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du (de la) ministre REASONS FOR DECISION [1] On August 6, 2013, the Refugee Appeal Division received a notice of appeal regarding the decision of the Refugee Protection Division (RPD) in the claim for refugee protection made by XXXXX XXXXX (the appellant). The notice of appeal indicates that the appellant received the RPD decision on July 22, 2013. [2] The appeal is dismissed because it was not perfected within the time limit stipulated in paragraph 159.91(b) of the Regulations Amending the Immigration and Refugee Protection Regulations and subsection 3(5) of the Refugee Appeal Division Rules, i.e., within 30 days after the person who is the subject of the appeal or the Minister received the reasons for decision, meaning either on or before August 21, 2013. [3] The appeal is dismissed. Diane Sokolyk Me Diane Sokolyk September 19, 2013 Date IRB translation Original language: French REFUGEE APPEAL DIVISION / CLAIMANT'S APPEAL / PERFECT AN APPEAL / DELAY / NON COMPLIANCE WITH RULES / MALE / DISMISSED / HAITI 1 RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : MB3-02762 2