TB4-04617
The RAD lacks jurisdiction because the claimant's refugee claim was referred to the RPD on September 2, 2011, which is before the August 15, 2012 commencement of s.36 BRRA that bars appeals in such cases; therefore the appeal is dismissed for lack of jurisdiction.
Source-derived case information.
- Citation
- TB4-04617
- Parties
- Appellant: XXXX XXXX (a.k.a. XXXX XXXX XXXX); Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 29 May 2014
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Jurisdictional Determination Following RPD Decision Dated May 6, 2014
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Jurisdiction, Appealability, Statutory Commencement, 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 (refugee Appeal Division) / Jurisdictional Determination Following RPD Decision Dated May 6, 2014
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, the BRRA commencement date.
Ratio Decidendi
The RAD lacks jurisdiction because the claimant's refugee claim was referred to the RPD on September 2, 2011, which is before the August 15, 2012 commencement of s.36 BRRA that bars appeals in such cases; therefore the appeal is dismissed for lack of jurisdiction.
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 : TB4-04617 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX Personne(s) en cause (a.k.a. XXXX XXXX XXXX) Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision May 29, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Anwar Muhammad 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 AND 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 XXXX on May 20, 2014. [2] The person who is the subject of the appeal ("the person") had his refugee claim referred to the RPD on September 2, 2011. According to the Notice of Appeal, the person is appealing a decision of the RPD dated May 6, 2014, rejecting his claim for refugee protection. [3] On August 15, 2012, section 36 of the Balanced Refugee Reform Act (BRRA) was amended and the amendment 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 September 2, 2011 before Section 36 of the BRRA came into force. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) "Ken Atkinson" Ken Atkinson May 29, 2014 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR TB4-04617