MB4-05368

Because the appellants are German nationals and Germany was a country designated under s.109.1(1) on the date the RPD decision was made, s.110(2)(d.1) of IRPA removed the RAD's jurisdiction to hear their appeal; therefore the appeal is dismissed.

Citation: MB4-05368
Parties: Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX
Court: Refugee Appeal Division
Jurisdiction: Canada
Judgment Date: 6 January 2015
Procedural Posture: Refugee Appeal / Appeal to Refugee Appeal Division; Decision Issued (appeal Dismissed)
Outcome: Appeal dismissed for lack of jurisdiction under s.110(2)(d.1) of the Immigration and Refugee Protection Act.
Legal Topics: Refugee Protection, Jurisdiction, Appealability, Statutory Interpretation, Designated Countries Under S.109.1(1)
Source Language: English

Immigration Law Administrative Law Refugee Protection Jurisdiction Appealability Statutory Interpretation Designated Countries Under S.109.1(1)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2

Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal / Appeal to Refugee Appeal Division; Decision Issued (appeal Dismissed)

Legal Issues

1 Whether the RAD has jurisdiction to hear an appeal under s.110(2)(d.1) of the Immigration and Refugee Protection Act
2 Whether the appellants' nationality (Germany) prevents an appeal because Germany was a designated country under s.109.1(1) on the decision date
3 Whether the appeal must be dismissed for lack of jurisdiction

Ratio Decidendi

Court Disposition

Appeal dismissed for lack of jurisdiction under s.110(2)(d.1) of the Immigration and Refugee Protection Act.

Orders

The appeal is dismissed.