VB4-00362

VB4-00362

The appeal is dismissed because s.110(2)(d) of the Immigration and Refugee Protection Act bars appeals to the RAD where the claimant came from a designated country (the United States) and the claim was eligible under the regulations, thus the RAD lacked jurisdiction to hear the appeal.

Citation
VB4-00362
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 January 2014
Procedural Posture
Refugee Protection Appeal Under Immigration and Refugee Protection Act / Jurisdiction Decision (appeal Dismissed)
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Appealability Under S.110(2)(d), Safe Third Country / Designated Country, Jurisdiction of Refugee Appeal Division, Eligibility of Refugee Claim
Source Language
English
Immigration Law Refugee Law Administrative Law Appealability Under S.110(2)(d) Safe Third Country / Designated Country Jurisdiction of Refugee Appeal Division Eligibility of Refugee Claim

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal Under Immigration and Refugee Protection Act / Jurisdiction Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the RAD has jurisdiction to hear an appeal under s.110(2)(d) of the Immigration and Refugee Protection Act
  2. 2 Whether an appeal is barred where the claimant came to Canada from a designated country (United States) and the claim was eligible under the regulations

Ratio Decidendi

The appeal is dismissed because s.110(2)(d) of the Immigration and Refugee Protection Act bars appeals to the RAD where the claimant came from a designated country (the United States) and the claim was eligible under the regulations, thus the RAD lacked jurisdiction to hear the appeal.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • Appeal dismissed for lack of jurisdiction under s.110(2)(d) of the Immigration and Refugee Protection Act.