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what if Minister Fail to submit an appellant's record?

roycanada

Star Member
Dec 1, 2017
172
59
Hi,

I am waiting for Minister's appellant's record.

what if Minister Fail to submit an appellant's record?

Roy
 

jddd

Champion Member
Oct 1, 2017
1,517
565
The minister does NOT have to provide one. As long as they sent you supporting documents within 30 days of receiving the RPD’s reason for its decision then they have perfected their appeal and it will proceed.
 
Last edited:

roycanada

Star Member
Dec 1, 2017
172
59
Has it been 30 days since you received the decision? Don’t you have a lawyer who is helping you with this? Consult with one.
Hi,

I have lawyer, I will consult with him, my concern is if Minister didn’t not submit appellant record, will my case be clear from RAD and I will get Protected person status.
 

jddd

Champion Member
Oct 1, 2017
1,517
565
Hi,

I have lawyer, I will consult with him, my concern is if Minister didn’t not submit appellant record, will my case be clear from RAD and I will get Protected person status.
Like I said, the minister is NOT required to submit one.
 

roycanada

Star Member
Dec 1, 2017
172
59
Like I said, the minister is NOT required to submit one.
Thanks for your reply. Its more than 30 days we received Notices of Decision. But didn’t received Minister supporting documents.


This info is at RAD website

(
Perfecting the appeal

To perfect the appeal, the Minister must give you and the RAD any supporting documents the Minister wants to use as evidence. The Minister may also give you and the RAD a document called an appellant's record. The time limit for this step is 30 days after the day on which the Minister received the written reasons for the RPD decision. Since the RPD sends its decision to you and the Minister at the same time, this means you should receive the supporting documents within a month of receiving the RPD decision.

Roy
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,775
Thanks for your reply. Its more than 30 days we received Notices of Decision. But didn’t received Minister supporting documents.


This info is at RAD website

(
Perfecting the appeal

To perfect the appeal, the Minister must give you and the RAD any supporting documents the Minister wants to use as evidence. The Minister may also give you and the RAD a document called an appellant's record. The time limit for this step is 30 days after the day on which the Minister received the written reasons for the RPD decision. Since the RPD sends its decision to you and the Minister at the same time, this means you should receive the supporting documents within a month of receiving the RPD decision.

Roy
Has it been 30 days since you got the written decision in the mail? Would also account for mail delivery time so probably another week.
 

jddd

Champion Member
Oct 1, 2017
1,517
565
Thanks for your reply. Its more than 30 days we received Notices of Decision. But didn’t received Minister supporting documents.


This info is at RAD website

(
Perfecting the appeal

To perfect the appeal, the Minister must give you and the RAD any supporting documents the Minister wants to use as evidence. The Minister may also give you and the RAD a document called an appellant's record. The time limit for this step is 30 days after the day on which the Minister received the written reasons for the RPD decision. Since the RPD sends its decision to you and the Minister at the same time, this means you should receive the supporting documents within a month of receiving the RPD decision.

Roy
Exactly it says MAY give you not that they must.

Your question is about the appellant’s record right?