TB4-02219

TB4-02219

The appeal is dismissed for lack of jurisdiction because section 167 of the Economic Action Plan 2013 Act removed the right to appeal RPD decisions in respect of claims referred between August 14, 2012 and December 15, 2012 when the RPD decision took effect after the section came into force (June 26, 2013), and the...

Source-derived case information.

Citation
TB4-02219
Parties
Appellant: XXX XXXXX; Appellant: XXXX XXXX; Appellant: XXXXX XX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 March 2014
Procedural Posture
Refugee Appeal / Decision on Jurisdiction Appeal Dismissed
Outcome
Dismissed for lack of jurisdiction
Legal Topics
Refugee Protection, Jurisdiction, Appealability, Statutory Interpretation
Source Language
english
Immigration Refugee Law Administrative Law Refugee Protection Jurisdiction Appealability Statutory Interpretation

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Parties

XXX XXXXX

Appellant

XXXX XXXX

Appellant

XXXXX XX

Appellant

Procedural Posture

Refugee Appeal / Decision on Jurisdiction Appeal Dismissed

Legal Issues

  1. 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal from a Refugee Protection Division decision made under subsection 107(1) of the Immigration and Refugee Protection Act where the claim was referred to the RPD after August 14, 2012 but before December 15, 2012 and the RPD decision took effect after section 167 of the Economic Action Plan 2013 Act came into force

Ratio Decidendi

The appeal is dismissed for lack of jurisdiction because section 167 of the Economic Action Plan 2013 Act removed the right to appeal RPD decisions in respect of claims referred between August 14, 2012 and December 15, 2012 when the RPD decision took effect after the section came into force (June 26, 2013), and the decision in this matter took effect on February 17, 2014.

Court Disposition

Dismissed for lack of jurisdiction

Orders

  • Appeal dismissed for lack of jurisdiction