TB5-13301

TB5-13301

The appeal was dismissed because s.110(2)(c) of the Immigration and Refugee Protection Act bars appeals to the Refugee Appeal Division from RPD decisions that find a claim to be manifestly unfounded, and therefore the RAD lacked jurisdiction.

Source-derived case information.

Citation
TB5-13301
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 January 2016
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division Dismissed for Lack of Jurisdiction
Outcome
Appeal dismissed for lack of jurisdiction under s.110(2)(c) IRPA
Legal Topics
Jurisdiction, Manifestly Unfounded, Statutory Bar to Appeal, Section 110(2)(c) IRPA
Source Language
english
Immigration Law Refugee Law Administrative Law Jurisdiction Manifestly Unfounded Statutory Bar to Appeal Section 110(2)(c) IRPA

Source-derived case record

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division Dismissed for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the Refugee Appeal Division had jurisdiction to hear an appeal from a Refugee Protection Division decision that found the claim to be manifestly unfounded under s.110(2)(c) of the IRPA
  2. 2 Whether an RPD decision stating a claim is manifestly unfounded is appealable to the RAD

Ratio Decidendi

The appeal was dismissed because s.110(2)(c) of the Immigration and Refugee Protection Act bars appeals to the Refugee Appeal Division from RPD decisions that find a claim to be manifestly unfounded, and therefore the RAD lacked jurisdiction.

Court Disposition

Appeal dismissed for lack of jurisdiction under s.110(2)(c) IRPA

Orders

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