MB4-05155
Because the appellant is a Hungarian national and Hungary was a designated country under s.109.1 on the date the RPD decision was rendered, s.110(2)(d.1) of the IRPA precludes any appeal to the RAD; accordingly the RAD lacks jurisdiction and the appeal is dismissed.
Source-derived case information.
- Citation
- MB4-05155
- Parties
- Appellant: XXXX XXXX; Respondent: Minister (Government of Canada)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 31 December 2014
- Procedural Posture
- Refugee Appeal Under IRPA / Appeal Before Refugee Appeal Division Dismissed for Lack of Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction under s.110(2)(d.1) IRPA
- Legal Topics
- Designated Country, Jurisdiction, Appealability, Section 110(2)(d.1) IRPA, Section 109.1 IRPA
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Minister (Government of Canada)
Respondent
Procedural Posture
Refugee Appeal Under IRPA / Appeal Before Refugee Appeal Division Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal of an RPD decision where the claimant is a national of a country designated under s.109.1 of the IRPA
- 2 Whether s.110(2)(d.1) IRPA bars appeals by nationals of designated countries
Ratio Decidendi
Because the appellant is a Hungarian national and Hungary was a designated country under s.109.1 on the date the RPD decision was rendered, s.110(2)(d.1) of the IRPA precludes any appeal to the RAD; accordingly the RAD lacks jurisdiction and the appeal is dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction under s.110(2)(d.1) IRPA
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
Immigration and Refugee Board of Canada Refugee Appeal Division Commission de l'immigration et du statut de réfugié du Canada Section d'appel des réfugiés RAD File No. / N° de dossier de la SAR : MB4-05155 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person who is the subject of the appeal XXXX XXXX Personne en cause Appeal considered at Montréal, Quebec Appel instruit à Date of decision December 31th, 2014 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal Me Mark J. Gruszczynski Conseil de la personne en cause Designated representative N/A Représentant désigné Counsel for the Minister N/A Conseil du 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 which is part of the RAD's administrative record, the claimant wants to appeal a decision of the RPD dated December 4, 2014, with written reasons reputed to be received on December 9, 2014, rejecting his claim for refugee protection. [3] The RAD does not have jurisdiction to hear an appeal of a decision of the RPD that fits within s. 110(2)(d) of the 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: (...) (d.1) a decision of the Refugee Protection Division allowing or rejecting a claim for refugee protection made by a foreign national who is a national of a country that was, on the day on which the decision was made, a country designated under subsection 109.1(1); [4] On the day the RPD decision was rendered, Hungary was and continues to be a country designated under paragraph 109.1 of the IRPA. The Appellant is a citizen of Hungary. [5] Given this situation, according to paragraph 110(2)(d.1) of the IRPA, no appeal may be made in respect of the decision made by the RPD. [6] For these reasons, no appeal may be filed. The appeal is dismissed. Diane Sokolyk Me Diane Sokolyk December 31, 2014 Date /kp RAD.25.02 (2014.09.11) Disponible en français RAD File No. / N° de dossier de la SAR : MB4-05155 2