MB3-04660

MB3-04660

The RAD dismissed the appeal for lack of jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act, in force August 15, 2012, precludes RAD appeals in respect of RPD decisions on claims referred to the RPD before that date; accordingly the RAD has no jurisdiction to entertain this appeal and it is...

Source-derived case information.

Citation
MB3-04660
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 February 2014
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Jurisdiction, Appealability, Statutory Interpretation, Balanced Refugee Reform Act S.36
Source Language
english
Immigration Refugee Law Administrative Law Jurisdiction Appealability Statutory Interpretation Balanced Refugee Reform Act S.36

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division

Legal Issues

  1. 1 Whether the RAD has jurisdiction to hear an appeal of an RPD decision where the claim was referred to the RPD before section 36 of the Balanced Refugee Reform Act came into force
  2. 2 Whether subsection 36(1) of the Balanced Refugee Reform Act bars appeals to the RAD for claims referred to the RPD before August 15, 2012

Ratio Decidendi

The RAD dismissed the appeal for lack of jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act, in force August 15, 2012, precludes RAD appeals in respect of RPD decisions on claims referred to the RPD before that date; accordingly the RAD has no jurisdiction to entertain this appeal and it is dismissed.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • The appeal is dismissed.