VB4-01065
Because the appellant's refugee claim was referred to the RPD on September 14, 2012, within the period covered by section 167 of the Economic Action Plan 2013 Act, No. 1, the RAD has no jurisdiction to hear the appeal and the appeal is dismissed.
Source-derived case information.
- Citation
- VB4-01065
- Parties
- Appellant: XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 2 April 2014
- Procedural Posture
- Refugee Protection Appeal / Appeal to Refugee Appeal Division Jurisdiction Decision
- Outcome
- appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Appealability, Economic Action Plan 2013 Act S.167 Application
- 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 / Appeal to Refugee Appeal Division Jurisdiction Decision
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal where the refugee claim was referred to the RPD after August 14, 2012 but before December 15, 2012
- 2 Whether section 167 of the Economic Action Plan 2013 Act, No. 1 applies to the appellant's claim referred on September 14, 2012
- 3 Whether the referral date (September 14, 2012) bars the right of appeal to the RAD
Ratio Decidendi
Because the appellant's refugee claim was referred to the RPD on September 14, 2012, within the period covered by section 167 of the Economic Action Plan 2013 Act, No. 1, the RAD has no jurisdiction to hear the appeal and the appeal is dismissed.
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
Immigration and Refugee Board of Canada Refugee Appeal Division Commission de l'immigration et du statut de réfugié du Canada Section d'appel des réfugiés RAD File No. / N° de dossier de la SAR: VB4-01065 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX Personne(s) en cause the subject of the appeal Appeal considered / heard at Appel instruit à Date of decision April 2, 2014 Date de la décision Panel Tribunal Counsel for the person(s) who is(are) N/A Conseil(s) du (de la/des) the subject of the appeal personne(s) en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] On March 31, 2014, the Refugee Appeal Division (the "RAD") received a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX (the "appellant"), a national of Kosovo. [2] According to RAD records, the appellant is appealing the Notice of Decision of the RPD dated March 10, 2014. [3] 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 167 of the Economic Action Plan 2013 Act, No. 11 came into force. On July 26, 2013, section 167 of the Economic Action Plan 2013 Act, No. 1 came into force by Order in Council which was published in the Canada Gazette on that date. Section 167 sets out that if a refugee claim is referred to the RPD after August 14, 2012 but before December 15, 2012, there is no right of appeal to the RAD. [4] The claim of the appellant was referred to the RPD on September 14, 2012. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) "Douglas Fortney" April 2, 2014 Date 1 Economic Action Plan 2013 Act, No. 1 (S.C. 2013, c. 33). --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB4-01065 RAD.25.02 (February 7, 2014)