TB5-12614
The RAD dismissed the appeal for lack of jurisdiction because s.110(2)(c) IRPA expressly bars appeals from RPD decisions that state a claim has no credible basis or is manifestly unfounded, and the RPD decision in this case so stated.
Source-derived case information.
- Citation
- TB5-12614
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 8 December 2015
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Appeal Filed; Dismissed for Lack of Jurisdiction
- Outcome
- appeal dismissed for lack of jurisdiction
- Legal Topics
- Appealability, Jurisdiction, No Credible Basis Determination, 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 of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Appeal Filed; Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal from an RPD decision that found the refugee claim had no credible basis
- 2 Whether s.110(2)(c) of the Immigration and Refugee Protection Act bars the appeal
Ratio Decidendi
The RAD dismissed the appeal for lack of jurisdiction because s.110(2)(c) IRPA expressly bars appeals from RPD decisions that state a claim has no credible basis or is manifestly unfounded, and the RPD decision in this case so stated.
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 : TB5-12614 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 December 8, 2015 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Aleksei Grachev 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 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] The Notice of Appeal was received by the RAD on November 26, 2015. The Notice of Appeal states the date of the RPD's Notice of Decision as November 12, 2015 and the date the RPD's Reasons were received as November 17, 2015. The RPD's decision rejected the claim for refugee protection. [3] The RPD's decision found that the 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) "Deborah Morrish" Deborah Morrish December 8, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-12614