MB4-03019
RAD lacked jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act, as amended by the Protecting Canada's Immigration System Act and brought into force on August 15, 2012, removes the right of appeal for refugee protection claims that were referred to the RPD before that date; the appellant's claim...
Source-derived case information.
- Citation
- MB4-03019
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 19 August 2014
- Procedural Posture
- Refugee Protection Appeal / Decision on Jurisdiction (rad)
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Statutory Interpretation, Appeals, Balanced Refugee Reform Act (brra), Protecting Canada's Immigration System Act (pcisa)
- 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 Appeal / Decision on Jurisdiction (rad)
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal under s.36(1) of the Balanced Refugee Reform Act as amended by the Protecting Canada's Immigration System Act
- 2 Whether a claim referred to the Refugee Protection Division before August 15, 2012 is appealable to the RAD
Ratio Decidendi
RAD lacked jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act, as amended by the Protecting Canada's Immigration System Act and brought into force on August 15, 2012, removes the right of appeal for refugee protection claims that were referred to the RPD before that date; the appellant's claim was referred on February 26, 2012.
Court Disposition
Appeal dismissed for lack of jurisdiction
Orders
- The appeal is 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 : MB4-03019 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, Québec Appel instruit à Date of decision August 19, 2014 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal Me Patrick Farley Conseil de la personne en cause Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] On August 1st, 2014, the Refugee Appeal Division (RAD) received a notice of appeal regarding the decision rendered by the Refugee Protection Division (RPD) on July 17, 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 July 25, 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 February 26, 2012; therefore, the decision is not subject to appeal to the RAD. [3] The appeal is dismissed. Diane Sokolyk Me Diane Sokolyk August 19, 2014 Date /mar 1 RAD File No. / N° de dossier de la SAR : MB4-03019