TB3-07048
The appellant's claim was referred to the RPD on November 16, 2010, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012; accordingly section 36(1) removes the right of appeal to the RAD and the RAD lacks jurisdiction to hear the appeal, requiring dismissal.
Source-derived case information.
- Citation
- TB3-07048
- Parties
- Appellant: XXXX XXXX (a.k.a. XXXX XXXX XXXX); Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 16 October 2013
- Procedural Posture
- Refugee Appeal / Appeal to Refugee Appeal Division (rad)
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Jurisdiction, Appealability, Balanced Refugee Reform Act S.36
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX (a.k.a. XXXX XXXX XXXX)
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division (rad)
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear appeals where the refugee claim was referred to the Refugee Protection Division before August 15, 2012
- 2 Application and effect of section 36 of the Balanced Refugee Reform Act on right of appeal
Ratio Decidendi
The appellant's claim was referred to the RPD on November 16, 2010, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012; accordingly section 36(1) removes the right of appeal to the RAD and the RAD lacks jurisdiction to hear the appeal, requiring dismissal.
Court Disposition
Appeal dismissed for lack of jurisdiction.
Orders
- Appeal dismissed for lack of jurisdiction.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB3-07048 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX (a.k.a. XXXX XXXX XXXX) Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision October 16, 2013 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Pantea Jafari Conseil(s) du (de la/des) personne(s) en cause Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du (de la) ministre REASONS FOR DECISION [1] The Refugee Appeal Division ('RAD') received a Notice of Appeal from the decision of the Refugee Protection Division ('RPD') in the claim of XXXX XXXXon October 7, 2013. [2] The person who is the subject of the appeal ('the person') had his refugee claim referred to the RPD on November 16, 2011. According to the Notice of Appeal, the person is appealing a decision of the RPD dated September 17, 2013, with written reasons received on September 25, 2013, rejecting his claim for refugee protection. [3] On August 15, 2012, section 36 of the Balanced Refugee Reform Act (BRRA) came into force by Order in Council which was published in the Canada Gazette on that date. Subsection 36(1) establishes that, where 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. [4] The refugee claim of the person was referred to the RPD on November 16, 2010 before Section 36 of the BRRA came into force. Therefore, these appeals are dismissed for lack of jurisdiction. (signed) "Deborah Morrish" Deborah Morrish October 16, 2013 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB3-07048