TB5-05212

TB5-05212

The appeal was dismissed for lack of jurisdiction because the claim was referred to the Refugee Protection Division on September 22, 2011, which is prior to the August 15, 2012 commencement of section 36 of the Balanced Refugee Reform Act, and subsection 36(1) removes any right of appeal to the Refugee Appeal Division for such claims.

Citation
TB5-05212
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 June 2015
Procedural Posture
Refugee Protection Appeal / Notice of Appeal Received May 22, 2015; Appeal Considered by Refugee Appeal Division on June 2, 2015
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Jurisdiction, Statutory Interpretation, Transitional Provisions
Source Language
English
Immigration Law Refugee Law Administrative Law Jurisdiction Statutory Interpretation Transitional Provisions

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Notice of Appeal Received May 22, 2015; Appeal Considered by Refugee Appeal Division on June 2, 2015

Legal Issues

  1. 1 Whether the Refugee Appeal Division had jurisdiction to hear an appeal in respect of a claim referred to the Refugee Protection Division before August 15, 2012
  2. 2 Effect of section 36 of the Balanced Refugee Reform Act on appeals for claims referred prior to its commencement

Ratio Decidendi

The appeal was dismissed for lack of jurisdiction because the claim was referred to the Refugee Protection Division on September 22, 2011, which is prior to the August 15, 2012 commencement of section 36 of the Balanced Refugee Reform Act, and subsection 36(1) removes any right of appeal to the Refugee Appeal Division for such claims.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • Appeal dismissed for lack of jurisdiction