VB5-00309
Because the appellant came directly from the United States, a country designated under the Act and party to the relevant agreement, and the claim was eligible under the regulations, s.110(2)(d) of the Immigration and Refugee Protection Act bars any appeal to the RAD; accordingly the appeal is dismissed for lack of...
Source-derived case information.
- Citation
- VB5-00309
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 13 March 2015
- Procedural Posture
- Refugee Protection Appeal / Appeal to Refugee Appeal Division; Decision on Jurisdiction/dismissal
- Outcome
- Appeal dismissed for lack of jurisdiction under s.110(2)(d) of the Immigration and Refugee Protection Act.
- Legal Topics
- Appeal Jurisdiction, Designated Country / Safe Third Country, Eligibility Under Regulations, S.110(2)(d) 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 Protection Appeal / Appeal to Refugee Appeal Division; Decision on Jurisdiction/dismissal
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal under s.110(2)(d) of the Immigration and Refugee Protection Act
- 2 Whether the appellant came from a country designated under s.102 and was eligible under the regulations such that s.110(2)(d) bars an appeal
Ratio Decidendi
Because the appellant came directly from the United States, a country designated under the Act and party to the relevant agreement, and the claim was eligible under the regulations, s.110(2)(d) of the Immigration and Refugee Protection Act bars any appeal to the RAD; accordingly the appeal is dismissed for lack of jurisdiction.
Court Disposition
Appeal dismissed for lack of jurisdiction under s.110(2)(d) of the Immigration and Refugee Protection Act.
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 : VB5-00309 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX Personne(s) en cause the subject of the appeal Appeal considered / heard at Vancouver, BC Appel instruit à Date of decision March 13, 2015 Date de la décision Panel Douglas Fortney Tribunal Counsel for the person(s) who is(are) N/A Conseil(s) du (de la/des) the subject of the appeal personne(s) en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister Virginie Francoeur Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received on February 2, 2015, a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX (the "appellant"). The appellant is a national of El Salvador. [2] According to RAD records, the appellant is appealing the Notice of Decision of the RPD dated December 30, 2014. [3] The appeal is dismissed for lack of jurisdiction because the appeal is in respect of a decision by the RPD for which no appeal may be made under paragraph 110(2)(d) of the Immigration and Refugee Protection Act (the "Act").1 This section states the following: 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] The only country that is designated by regulation and party to an agreement under paragraph 102(2)(d) of the Act is the United States. The appellant in this case came directly from the United States but was nonetheless eligible to make a claim by virtue of the regulations. Therefore, under paragraph 110(2)(d) of the Act, no appeal may be made in respect of the RPD's decision. Therefore, the appeal is dismissed. (signed) "Douglas Fortney" Douglas Fortney March 13, 2015 Date 1 Immigration and Refugee Protection Act, S.C. 2001, c. 27. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB5-00309