MB4-04889

MB4-04889

The appeal was dismissed because the appellant arrived directly from the United States, which was a designated country on the date of the claim, and the claim was eligible to be referred, rendering the RPD decision not appealable under s.110(2)(d)(i) IRPA.

Citation
MB4-04889
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Counsel for the Person Who Is the Subject of the Appeal: Rawia Ebrahim; Designated Representative: N/A; Counsel for the Minister: N/A; Panel Member: Me Diane Sokolyk
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 December 2014
Procedural Posture
Refugee Protection Appeal / Appeal Dismissed for Lack of Jurisdiction
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Appeal Jurisdiction, Designated Country, Eligibility to Be Referred, Immigration and Refugee Protection Act Section 110(2)(d)(i)
Source Language
English
Immigration Law Refugee Law Appeal Jurisdiction Designated Country Eligibility to Be Referred Immigration and Refugee Protection Act Section 110(2)(d)(i)

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Parties

XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

Rawia Ebrahim

Counsel for the Person Who Is the Subject of the Appeal

N/A

Designated Representative

N/A

Counsel for the Minister

Me Diane Sokolyk

Panel Member

Procedural Posture

Refugee Protection Appeal / Appeal Dismissed for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the Refugee Appeal Division has jurisdiction to hear the appeal under s.110(2)(d)(i) of the Immigration and Refugee Protection Act
  2. 2 Whether the appellant came directly from a designated country and whether the claim was eligible to be referred under the Regulations

Ratio Decidendi

The appeal was dismissed because the appellant arrived directly from the United States, which was a designated country on the date of the claim, and the claim was eligible to be referred, rendering the RPD decision not appealable under s.110(2)(d)(i) IRPA.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • The appeal is dismissed.