MB7-04805

MB7-04805

Because the claim was referred to the RPD between August 14 and December 15, 2012 and the RPD decision took effect after June 26, 2013 pursuant to RPD Rules rule 68, section 167 of the Economic Action Plan 2013 Act, No. 1 precludes appeals to the RAD; therefore the RAD lacks jurisdiction and the appeal is dismissed.

Source-derived case information.

Citation
MB7-04805
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 May 2017
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Appeal Received and Adjudicated; Dismissed for Lack of Jurisdiction
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Appealability, Jurisdiction, Statutory Interpretation, Timing of Referral
Source Language
english
Immigration Administrative Law Refugee Law Appealability Jurisdiction Statutory Interpretation Timing of Referral

Source-derived case record

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Appeal Received and Adjudicated; Dismissed for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the RAD has jurisdiction to hear an appeal where the RPD decision took effect after June 26, 2013
  2. 2 Whether section 167 of the Economic Action Plan 2013 Act, No. 1 bars appeals for claims referred to the RPD between August 14 and December 15, 2012
  3. 3 Application of RPD Rules rule 68 on when a decision takes effect

Ratio Decidendi

Because the claim was referred to the RPD between August 14 and December 15, 2012 and the RPD decision took effect after June 26, 2013 pursuant to RPD Rules rule 68, section 167 of the Economic Action Plan 2013 Act, No. 1 precludes appeals to the RAD; therefore the RAD lacks jurisdiction and the appeal is dismissed.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • The appeal is dismissed.