TB4-09479

TB4-09479

Because the appellant's refugee claim was referred to the RPD on November 29, 2011, prior to August 15, 2012, subsection 36(1) of the Balanced Refugee Reform Act removes the right of appeal to the RAD; therefore the RAD lacks jurisdiction and the appeal is dismissed.

Citation
TB4-09479
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 October 2014
Procedural Posture
Refugee Appeal / Appeal Filed to Refugee Appeal Division; Jurisdictional Determination
Outcome
Appeal dismissed for lack of jurisdiction.
Legal Topics
Refugee Protection, Jurisdiction, Appealability, Statutory Amendment BRRA S.36
Source Language
English
Immigration Law Administrative Law Refugee Protection Jurisdiction Appealability Statutory Amendment BRRA S.36

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal / Appeal Filed to Refugee Appeal Division; Jurisdictional Determination

Legal Issues

  1. 1 Whether the Refugee Appeal Division has jurisdiction where the refugee claim was referred to the Refugee Protection Division before August 15, 2012
  2. 2 Whether subsection 36(1) of the Balanced Refugee Reform Act removes the right of appeal to the RAD for claims referred before August 15, 2012

Ratio Decidendi

Because the appellant's refugee claim was referred to the RPD on November 29, 2011, prior to August 15, 2012, subsection 36(1) of the Balanced Refugee Reform Act removes the right of appeal to the RAD; therefore the RAD lacks jurisdiction and the appeal is dismissed.

Court Disposition

Appeal dismissed for lack of jurisdiction.

Orders

  • Appeal dismissed for lack of jurisdiction.