TC2-28540

TC2-28540

The RAD lacks jurisdiction to hear appeals from RPD decisions on refugee claims that were referred to the RPD under an exception to the Safe Third Country Agreement; accordingly the appeal is dismissed for lack of jurisdiction pursuant to paragraph 101(1)(e) read with subparagraph 110(2)(d)(i) of the IRPA.

Citation
TC2-28540
Parties
Principal Appellant: XXXX XXXX; Associate Appellants: XXXX XXXX, XXXX XXXX, XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 February 2023
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Appeal Filed to Rad; Determination on Jurisdiction (dismissed)
Outcome
Appeal dismissed for lack of jurisdiction.
Legal Topics
Safe Third Country Agreement, Jurisdiction, Statutory Interpretation, Referral Under STCA Exception
Source Language
English
Immigration Law Refugee Law Administrative Law Safe Third Country Agreement Jurisdiction Statutory Interpretation Referral Under STCA Exception

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX, XXXX XXXX, XXXX XXXX

Associate Appellants

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Appeal Filed to Rad; Determination on Jurisdiction (dismissed)

Legal Issues

  1. 1 Whether the Refugee Appeal Division has jurisdiction to hear appeals of RPD decisions where the refugee claim was referred to the RPD under an exception to the Safe Third Country Agreement
  2. 2 Whether subparagraph 110(2)(d)(i) of the Immigration and Refugee Protection Act excludes RAD jurisdiction for such referrals

Ratio Decidendi

The RAD lacks jurisdiction to hear appeals from RPD decisions on refugee claims that were referred to the RPD under an exception to the Safe Third Country Agreement; accordingly the appeal is dismissed for lack of jurisdiction pursuant to paragraph 101(1)(e) read with subparagraph 110(2)(d)(i) of the IRPA.

Court Disposition

Appeal dismissed for lack of jurisdiction.

Orders

  • Appeal dismissed for lack of jurisdiction.