MB4-03871
The RAD lacks jurisdiction and must dismiss the appeal because subsection 36(1) of the BRRA, as amended by PCISA and brought into force on August 15, 2012 by Canada Gazette order, excludes appeals to the RAD for claims referred to the RPD before that date; the Appellant's claim was referred on August 30, 2010.
Source-derived case information.
- Citation
- MB4-03871
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 14 October 2014
- Procedural Posture
- Refugee Appeal to RAD / Jurisdictional Dismissal
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Transitional Provisions, Statutory Interpretation, Appealability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal to RAD / Jurisdictional Dismissal
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal under subsection 36(1) of the Balanced Refugee Reform Act as amended by the Protecting Canada 's Immigration System Act given the claim was referred to the RPD before August 15, 2012
- 2 Whether the commencement date and Canada Gazette order of August 15, 2012 operate to bar appeals to the RAD for claims referred to the RPD prior to that date
Ratio Decidendi
The RAD lacks jurisdiction and must dismiss the appeal because subsection 36(1) of the BRRA, as amended by PCISA and brought into force on August 15, 2012 by Canada Gazette order, excludes appeals to the RAD for claims referred to the RPD before that date; the Appellant's claim was referred on August 30, 2010.
Court Disposition
Appeal dismissed for lack of jurisdiction
Orders
- The appeal is dismissed for lack of jurisdiction pursuant to subsection 36(1) of the Balanced Refugee Reform Act as amended by the Protecting Canada 's Immigration System Act.
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 : MB4-03871 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 / heard at Montréal, Quebec Appel instruit à Date of decision October 14th, 2014 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal Me Lakhwinder S. Sandhu 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] On September 26, 2014, the Refugee Appeal Division (RAD) received a notice of appeal regarding the decision rendered by the Refugee Protection Division (RPD) on September 4, 2014, in the claim for refugee protection filed by XXXX XXXX (the "Appellant"). The Appellant is reputed to have received the RPD decision and written reasons on September 15, 2014. [2] The appeal is dismissed for lack of jurisdiction because the appeal deals with a refugee protection claim that was referred to the RPD before the coming into force of section 36 of the Balanced Refugee Reform Act (BRRA), as amended by the Protecting Canada's Immigration System Act (PCISA). In accordance with the order published on August 15, 2012, in the Canada Gazette, section 36 of the BRRA, as amended by the PCISA, came into force on that day. According to subsection 36(1), a decision made by the RPD in respect of a claim for refugee protection that was referred to that Division before August 15, 2012, is not subject to appeal to the RAD. The refugee protection claim was referred to the RPD on August 30, 2010; therefore, the decision is not subject to appeal to the RAD. [3] The appeal is dismissed. Diane Sokolyk Me Diane Sokolyk October 14, 2014 Date /kp 2 RAD.25.02 (June 23, 2014) Available in English RAD File No. / N° de dossier de la SAR : MB4-03871