MB4-01399
The RAD lacks jurisdiction because the claimant's file was referred to the RPD on May 24, 2012, which is before August 15, 2012 when subsection 36(1) of the Balanced Refugee Reform Act came into force; therefore there is no right of appeal to the RAD.
Source-derived case information.
- Citation
- MB4-01399
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 14 April 2014
- Procedural Posture
- Refugee Protection Claim / Appeal to Refugee Appeal Division — Jurisdictional Determination
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Transitional Provisions, Right of Appeal, Balanced Refugee Reform Act, Section 36
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Protection Claim / Appeal to Refugee Appeal Division — Jurisdictional Determination
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal where the refugee claim was referred to the RPD before August 15, 2012
- 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
The RAD lacks jurisdiction because the claimant's file was referred to the RPD on May 24, 2012, which is before August 15, 2012 when subsection 36(1) of the Balanced Refugee Reform Act came into force; therefore there is no right of appeal to the RAD.
Court Disposition
Appeal dismissed for lack of jurisdiction
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 : MB4-01399 Private Proceeding / Huis clos Reasons and decision ? Motifs et decision 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 April 14, 2014 Date de la décision Panel Normand Leduc Tribunal Counsel for the person who is the subject of the appeal N/A 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 received a Notice of Appeal from the decision of the Refugee Protection Division (RPD) in the claim of XXXX XXXX (the "Appellant") on April 10, 2014. The Notice of Appeal indicated that the appellant received the RPD reasons on April 2, 2014. [2] The appeal is dismissed for lack of jurisdiction because the appeal is in respect of a claim for refugee protection that was referred to the RPD before the day on which section 36 of Balanced Refugee Reform Act came into force. On August 15, 2012, section 36 of the Balanced Refugee Reform Act came into force by Order in Council which was published in the Canada Gazette on that date. Subsection 36(1) sets out that if a refugee claim is referred to the RPD before August 15, 2012 there is no right of appeal to the Refugee Appeal Division (RAD). [3] The present claim was referred to the RPD on May 24, 2012; therefore the Appellant does not have a right to appeal the RPD decision to the RAD. [4] The appeal is dismissed. Normand Leduc Normand Leduc April 14, 2014 Date /kp 2 RAD.25.02 (February 7, 2014) Available in English RAD File No. / N° de dossier de la SAR : MB4-01399