TB6-00123

TB6-00123

The appeal is dismissed for lack of jurisdiction because the claims were referred to the Refugee Protection Division on November 11, 2011 and subsection 36(1) of the Balanced Refugee Reform Act, which came into force August 15, 2012, precludes appeals to the Refugee Appeal Division for claims referred before that date.

Source-derived case information.

Citation
TB6-00123
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 January 2016
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Appeal Filed and Considered; Decision on Jurisdiction
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Jurisdiction, Appealability, Statutory Interpretation, Retroactivity
Source Language
english
Immigration Law Refugee Law Administrative Law Jurisdiction Appealability Statutory Interpretation Retroactivity

Source-derived case record

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Appeal Filed and Considered; Decision on Jurisdiction

Legal Issues

  1. 1 Whether the Refugee Appeal Division has jurisdiction to hear appeals for claims referred to the Refugee Protection Division before August 15, 2012
  2. 2 Application and effect of section 36 of the Balanced Refugee Reform Act on right of appeal

Ratio Decidendi

The appeal is dismissed for lack of jurisdiction because the claims were referred to the Refugee Protection Division on November 11, 2011 and subsection 36(1) of the Balanced Refugee Reform Act, which came into force August 15, 2012, precludes appeals to the Refugee Appeal Division for claims referred before that date.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • Appeal dismissed