MB3-02557
The RAD lacked jurisdiction because section 36(1) of the Balanced Refugee Reform Act, which came into force August 15, 2012, bars appeals to the RAD for claims referred to the RPD before that date and the appellant's claim was referred on March 11, 2011; therefore the appeal is dismissed.
Source-derived case information.
- Citation
- MB3-02557
- Parties
- Appellant: XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 13 August 2013
- Procedural Posture
- Refugee Protection Appeal / Decision by Refugee Appeal Division on Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Jurisdiction, Statutory Interpretation, Balanced Refugee Reform Act S.36
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Procedural Posture
Refugee Protection Appeal / Decision by Refugee Appeal Division on Jurisdiction
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal where the refugee claim was referred to the Refugee Protection Division before August 15, 2012
- 2 Whether section 36(1) of the Balanced Refugee Reform Act bars appeals to the RAD for claims referred to the RPD before August 15, 2012
Ratio Decidendi
The RAD lacked jurisdiction because section 36(1) of the Balanced Refugee Reform Act, which came into force August 15, 2012, bars appeals to the RAD for claims referred to the RPD before that date and the appellant's claim was referred on March 11, 2011; therefore the appeal is dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
N° de dossier de la SAR/RAD File No.: MB3-02557 Huis clos/Private Proceeding Motifs et décision - Reasons and Decision Personne(s) en cause XXXX XXXX Person(s) who is(are) the subject of the appeal Appel instruit à Montréal, Québec Appeal considered / heard at Date de la décision August 13, 2013 Date of Decision Tribunal Stephen J. Gallagher Panel Conseil(s) du (de la/des) personne(s) en cause Jacques J. Bahimanga Counsel for the person(s) who is (are) the subject of the appeal Représentant(e)(s) désigné(e)(s) N/A Designated Representative(s) Conseil du (de la) Ministre N/A Counsel for the Minister REASONS FOR DECISION [1] The Refugee Appeal Division received a Notice of Appeal from the decision of the Refugee Protection Division (RPD) in the claim of Mr. XXXX XXXX (the "Appellant") on July 22, 2013. The Notice of Appeal indicated that the appellant received the RPD reasons on July 5, 2013. [2] The appeal is dismissed for lack of jurisdiction because the appeal is in respect of a claim for refugee protection that was referred to the Refugee Protection Division before the day on which section 36 of Balanced Refugee Reform Act came into force. On August 15, 2012, section 36 of the Balanced Refugee Reform Act came into force by Order in Council which was published in the Canada Gazette on that date. Subsection 36(1) sets out that if a refugee claim is referred to the Refugee Protection Division before August 15, 2012 there is no right of appeal to the Refugee Appeal Division. Your claim was referred to the Refugee Protection Division on March 11, 2011; therefore you do not have a right to appeal your RPD decision to the RAD. Therefore, the appeal is dismissed. Stephen J. Gallagher Stephen J. Gallagher August 13, 2013 Date /ag 1 RAD.25.02 (April 9, 2013) Disponible en français N° de dossier de la SAR/RAD File No.: MB3-02557 2