MB4-04132

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 : MB4-04132 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 November 5, 2014 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the Person Who Is the Subject of the Appeal Me Michael Dorey 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 regarding a decision rendered by the Refugee Protection Division (RPD) in the claim for refugee protection filed by XXXX XXXX. [2] The RAD received the notice of appeal on September 25, 2014. The persons who are the subject of the appeal are appealing against the RPD decision dated September 3, 2014. According to the notice of appeal, the written reasons rejecting the claims for refugee protection were received on September 10, 2014. [3] The appeal is dismissed for lack of jurisdiction because no appeal may be made in respect of this RPD decision, in accordance with subparagraph 110(2)(d)(i) of the amended Immigration and Refugee Protection Act (IRPA), which states: 110. (2) No appeal may be made in respect of any of the following: (d) subject to the regulations, a decision of the Refugee Protection Division in respect of a claim for refugee protection if (i) the foreign national who makes the claim came directly or indirectly to Canada from a country that is, on the day on which their claim is made, designated by regulations made under subsection 102(1) and that is a party to an agreement referred to in paragraph 102(2)(d), and (ii) the claim - by virtue of regulations made under paragraph 102(1)(c) - is not ineligible under paragraph 101(1)(e) to be referred to the Refugee Protection Division. [4] According to paragraph 159.5(b), the appellant could file a refugee protection claim because she found herself in one of the exceptional circumstances listed. 159.5 Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified in paragraphs 159.4(1)(a) to (c) establishes, in accordance with subsection 100(4) of the Act, that ... (b) a family member of the claimant is in Canada and is (i) a protected person within the meaning of subsection 95(2) of the Act, (ii) a permanent resident under the Act [5] Moreover, according to subparagraph 110(2)(i), no appeal may be made in respect of her claim. [6] When XXXX XXXX entered Canada and claimed refugee protection, she had an aunt in Canada who was a permanent resident. [7] The appeal is therefore dismissed. Diane Sokolyk Me Diane Sokolyk November 5, 2014 Date IRB translation Original language: French RAD File No. / N° de dossier de la SAR : MB4-04132 3 RAD.25.02 (June 23, 2014) Disponible en français