TB4-10377

TB4-10377

Subsection 36(1) of the Balanced Refugee Reform Act, as amended and brought into force August 15, 2012, removed the right of appeal to the RAD for refugee claims referred to the RPD before that date; the persons' claims were referred on October 7, 2011, therefore the RAD has no jurisdiction and the appeal must be dismissed.

Citation
TB4-10377
Parties
Designated Representative and Subject: XXXX; Subject (minor): XXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 November 2014
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Appeal Considered and Dismissed for Lack of Jurisdiction
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Jurisdiction, Statutory Interpretation, Retroactivity, Right of Appeal
Source Language
English
Immigration Refugee Law Administrative Law Jurisdiction Statutory Interpretation Retroactivity Right of Appeal

Case Brief

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Parties

XXXX

Designated Representative and Subject

XXXXX

Subject (minor)

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Appeal Considered and Dismissed for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal where the refugee claim was referred to the RPD before August 15, 2012
  2. 2 Effect of subsection 36(1) of the Balanced Refugee Reform Act on appeals
  3. 3 Whether the persons' claims, referred October 7, 2011, fall within s.36(1) exclusion

Ratio Decidendi

Subsection 36(1) of the Balanced Refugee Reform Act, as amended and brought into force August 15, 2012, removed the right of appeal to the RAD for refugee claims referred to the RPD before that date; the persons' claims were referred on October 7, 2011, therefore the RAD has no jurisdiction and the appeal must be dismissed.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • Appeal dismissed for lack of jurisdiction
  • Designation of representative confirmed