MB4-01274

MB4-01274

Because the appellant arrived directly from the United States, which was a designated country and party to the agreement on the day the claim was made, and because the claim was eligible to be referred under the Regulations (not ineligible under paragraph 101(1)(e)), subparagraph 110(2)(d)(i) removes RAD jurisdiction and the appeal must be dismissed.

Citation
MB4-01274
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 April 2014
Procedural Posture
Refugee Appeal Under IRPA / Appeal Filed to Refugee Appeal Division; Decision on Jurisdiction
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Jurisdiction, Designated Country Rule, Appealability Under S.110(2)(d)(i), Safe Third Country Principle
Source Language
English
Immigration Law Refugee Law Administrative Law Jurisdiction Designated Country Rule Appealability Under S.110(2)(d)(i) Safe Third Country Principle

Case Brief

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Parties

XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

Procedural Posture

Refugee Appeal Under IRPA / Appeal Filed to Refugee Appeal Division; Decision on Jurisdiction

Legal Issues

  1. 1 Whether the RAD has jurisdiction to hear an appeal under s.110(2)(d)(i) of the IRPA
  2. 2 Whether the United States was a designated country and party to the relevant agreement on the day the claim was made
  3. 3 Whether the claimant's refugee claim was ineligible under paragraph 101(1)(e) or otherwise eligible to be referred under the Regulations

Ratio Decidendi

Because the appellant arrived directly from the United States, which was a designated country and party to the agreement on the day the claim was made, and because the claim was eligible to be referred under the Regulations (not ineligible under paragraph 101(1)(e)), subparagraph 110(2)(d)(i) removes RAD jurisdiction and the appeal must be dismissed.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • Appeal dismissed for lack of jurisdiction