TB5-00222
The RAD lacked jurisdiction under s.110(2)(c) of the Immigration and Refugee Protection Act to hear appeals from RPD decisions stating the claim has no credible basis or is manifestly unfounded; therefore the appeals must be dismissed.
Source-derived case information.
- Citation
- TB5-00222
- Parties
- Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 22 January 2015
- Procedural Posture
- Refugee Protection Appeal / Jurisdiction Decision Appeal Dismissed
- Outcome
- Appeals dismissed for lack of jurisdiction under s.110(2)(c) IRPA.
- Legal Topics
- Jurisdiction, Appealability, Manifestly Unfounded, Credible Basis
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
XXXX XXXX XXXX
Appellant
Procedural Posture
Refugee Protection Appeal / Jurisdiction Decision Appeal Dismissed
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal from an RPD decision that states the claim has no credible basis or is manifestly unfounded under s.110(2)(c) of the Immigration and Refugee Protection Act
Ratio Decidendi
The RAD lacked jurisdiction under s.110(2)(c) of the Immigration and Refugee Protection Act to hear appeals from RPD decisions stating the claim has no credible basis or is manifestly unfounded; therefore the appeals must be dismissed.
Court Disposition
Appeals dismissed for lack of jurisdiction under s.110(2)(c) IRPA.
Orders
- The appeals are dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR :TB5-00222 TB5-00223 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXX XXXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision January 22, 2015 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Lev Abramovich Conseil(s) du (de la/des) personne(s) en cause Barrister & Solicitor Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du 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 claims of XXXX XXXX and XXXX XXXX XXXX. [2] The Notice of Appeal was received by the RAD on January 7, 2015. The Notice of Appeal states the date of the RPD decision as December 23, 2014 and the date the RPD reasons were received as December 29, 2014. The RPD decision rejected the claims for refugee protection. [3] The RPD's decision found that the claims had no credible basis. [4] The appeals are dismissed for lack of jurisdiction because the appeals are 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] Therefore, the appeals are dismissed. (signed) 'Ken Atkinson' Ken Atkinson January 22, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-00222 TB5-00223