TB4-01468
The RAD lacks jurisdiction and must dismiss the appeal because s.110(2)(c) of IRPA excludes appeals from RPD decisions that a claim has no credible basis or is manifestly unfounded, and because BRRA s.36(1) bars RAD appeals for claims referred to the RPD before August 15, 2012 (the claim was referred Feb 2, 2009).
Source-derived case information.
- Citation
- TB4-01468
- Parties
- Appellant: XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 26 February 2014
- Procedural Posture
- Refugee Protection Appeal to Refugee Appeal Division / Appeal Filed; Jurisdictional Determination/dismissal
- Outcome
- Appeal dismissed for lack of jurisdiction under IRPA s.110(2)(c) and BRRA s.36(1).
- Legal Topics
- Jurisdiction, Appealability, Manifestly Unfounded/no Credible Basis, Transitional Provisions (brra)
- 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 to Refugee Appeal Division / Appeal Filed; Jurisdictional Determination/dismissal
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal from an RPD decision that the claim has no credible basis under s.110(2)(c) of IRPA
- 2 Whether Balanced Refugee Reform Act s.36(1) (transitional provision) bars appeals for claims referred to the RPD before August 15, 2012
- 3 Whether the claimant's referral date (February 2, 2009) triggers the transitional bar to appeal
Ratio Decidendi
The RAD lacks jurisdiction and must dismiss the appeal because s.110(2)(c) of IRPA excludes appeals from RPD decisions that a claim has no credible basis or is manifestly unfounded, and because BRRA s.36(1) bars RAD appeals for claims referred to the RPD before August 15, 2012 (the claim was referred Feb 2, 2009).
Court Disposition
Appeal dismissed for lack of jurisdiction under IRPA s.110(2)(c) and BRRA s.36(1).
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB4-01468 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 Appeal considered / heard at Toronto, Ontario Appel instruit à Date of Decision February 26, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are) the subject of the appeal Lindsey K. Weppler Conseil(s) du (de la/des) personne(s) en cause Barrister and Solicitor 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 XXXX. [2] The Notice of Appeal was received by the RAD on February12, 2014. There are no dates on the Notice of Appeal as to the date of the RPD decision or the date the person received the decision. The RPD rejected the claim for refugee protection. [3] The RPD's decision found that the person's claim had no credible basis. [4] The appeal is dismissed for lack of jurisdiction because the appeal is in respect of a decision by the RPD from which no appeal may be made under s. 110(2)(c) of the amended Immigration and Refugee Protection Act (IRPA). This section states the following: 110. (2) No appeal may be made in respect of any of the following: (c) a decision of the Refugee Protection Division rejecting a claim for refugee protection that states that the claim has no credible basis or is manifestly unfounded. [5] In addition, this claim was referred to the RPD on February 2, 2009. [6] 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. [7] The refugee claim of the person was referred to the RPD before August 15, 2012 and therefore, this appeal also dismissed for lack of jurisdiction on this basis. [8] Therefore, the appeal is dismissed. (signed) 'Ken Atkinson' Ken Atkinson February 26, 2014 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB4-01468