MB4-04051

MB4-04051

The RAD lacks jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act, as amended by the Protecting Canada's Immigration System Act, excludes appeals to the RAD of RPD decisions on claims that were referred to the RPD before August 15, 2012; the claim was referred on March 30, 2010, so the appeal must be dismissed.

Citation
MB4-04051
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX; Appellant: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 October 2014
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division (rad)
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Jurisdiction, Statutory Interpretation, Transitional Provisions, Refugee Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Jurisdiction Statutory Interpretation Transitional Provisions Refugee Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Claimant

Minister

Appellant

Procedural Posture

Refugee Appeal / Appeal to Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the RAD has jurisdiction to hear an appeal of an RPD decision where the underlying claim was referred to the RPD before August 15, 2012
  2. 2 Whether subsection 36(1) of the Balanced Refugee Reform Act, as amended by the Protecting Canada's Immigration System Act, bars RAD appeals in such cases
  3. 3 Effect of the coming-into-force date published in the Canada Gazette

Ratio Decidendi

The RAD lacks jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act, as amended by the Protecting Canada's Immigration System Act, excludes appeals to the RAD of RPD decisions on claims that were referred to the RPD before August 15, 2012; the claim was referred on March 30, 2010, so the appeal must be dismissed.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • Appeal dismissed for lack of jurisdiction