What happens if a claimant misses a time limit?
A claimant or protected person can ask the Refugee Appeal Division to extend a time limit. They must apply for an extension in writing. They must also include the documents that they did not file on time. For example, an application to extend the time for filing a notice of appeal must include the completed notice of appeal.
The Refugee Appeal Division will consider the reasons the claimant did not meet the time limit.
If the application is to extend the time to reply to a Minister’s intervention, the Division will also consider:
- whether the application was made in a timely manner
- the reasons for any delay
- whether there is an arguable case
- whether the Minister would be ‘prejudiced’ (placed at a disadvantage) if the application was granted
- the nature and complexity of the appeal.
It is also possible to apply to the Refugee Appeal Division to submit a document that was not submitted at the right time. For example, an appellant could apply to submit a document that was left out of the appellant’s record.