TB4-01477
The appeal was dismissed because section 110(2)(c) of the Immigration and Refugee Protection Act precludes appeals from RPD decisions that state a claim has no credible basis or is manifestly unfounded, so the RAD lacks jurisdiction to hear the appeal.
Source-derived case information.
- Citation
- TB4-01477
- Parties
- Appellant: XXXX XXXX; Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 20 February 2014
- Procedural Posture
- Refugee Protection Appeal to RAD / Jurisdiction Decision on Appeal From RPD Rejection
- Outcome
- appeal dismissed for lack of jurisdiction
- Legal Topics
- Appeal Jurisdiction, Manifestly Unfounded, Credible Basis, Section 110(2)(c) IRPA
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Minister
Respondent
Procedural Posture
Refugee Protection Appeal to RAD / Jurisdiction Decision on Appeal From RPD Rejection
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal from a Refugee Protection Division decision that the claim has no credible basis
- 2 Interpretation and application of s.110(2)(c) of the Immigration and Refugee Protection Act regarding appeals from decisions finding claims manifestly unfounded
Ratio Decidendi
The appeal was dismissed because section 110(2)(c) of the Immigration and Refugee Protection Act precludes appeals from RPD decisions that state a claim has no credible basis or is manifestly unfounded, so the RAD lacks jurisdiction to hear the appeal.
Court Disposition
appeal dismissed for lack of jurisdiction
Orders
- Appeal dismissed for lack of jurisdiction under s.110(2)(c) of the Immigration and Refugee Protection Act.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB4-01477 Private Proceeding / Huis clos Reasons and Decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of Decision February 20, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are) the subject of the appeal David Yerzy Conseil(s) du (de la/des) personne(s) en cause Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du (de la) 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 claim of XXXX XXXX. [2] According to the Notice of Appeal, the person is appealing a decision of the RPD dated January 29, 2014 with written reasons received on February 3, 2014 rejecting the claim for refugee protection. [3] The RPD's decision found that the person's claim had no credible basis. [4] The appeal is dismissed for lack of jurisdiction because the appeal is 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 appeal is dismissed. (signed) 'Ken Atkinson' Ken Atkinson February 20, 2014 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB4-01477