TB4-02062
The appeal is dismissed because the appellant failed to perfect the appeal within the 30‑day time limit and did not provide the required documents by the deadline in accordance with IRPR s.159.91(b) and RAD Rule 3.
Source-derived case information.
- Citation
- TB4-02062
- Parties
- Appellant: XXXXX XXXXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 28 March 2014
- Procedural Posture
- Refugee Protection Appeal / Appeal Before Refugee Appeal Division; Dismissed for Lack of Perfection
- Outcome
- Appeal dismissed for lack of perfection
- Legal Topics
- Appeal Perfection, Time Limits, Procedural Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXXX XXXXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Protection Appeal / Appeal Before Refugee Appeal Division; Dismissed for Lack of Perfection
Legal Issues
- 1 Whether the appeal was perfected within the prescribed time and in accordance with RAD rules
- 2 Whether the appeal should be dismissed for lack of perfection
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal within the 30‑day time limit and did not provide the required documents by the deadline in accordance with IRPR s.159.91(b) and RAD Rule 3.
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
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. / N° de dossier de la SAR : TB4-02062 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXXX XXXXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision March 28, 2014 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal N/A 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 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 XXXXXX. [2] On February 28, 2014, the Division received a Notice of Appeal from the person who is the subject of appeal. According to the Notice of Appeal, the person is appealing a decision of the RPD dated February 7, 2014, with written reasons received on February 13, 2014, rejecting her claim for refugee protection. [3] In accordance with the amended Immigration and Refugee Protection Regulations, section 159.91(b) provides that the time limit for a person or the Minister to perfect an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision. [4] The persons' record was due to be received by the Division on or before March 16, 2014 and perfected in accordance with RAD Rule 3. To date, the Division has not received any further documents or had any further communication from the person. [5] Therefore, the appeal is dismissed for lack of perfection. (signed) "Deborah Morrish" Deborah Morrish March 28, 2014 Date RAD.25.02 (February 7, 2014) Disponible en français RAD File No. / N° de dossier de la SAR : TB4-02062