VB4-01978
The appeal is dismissed for lack of jurisdiction because the appellant's claim was referred to the RPD on September 21, 2011, which is before the August 15, 2012 cutoff in s.36(1) of the Balanced Refugee Reform Act, therefore no right of appeal to the RAD exists.
Source-derived case information.
- Citation
- VB4-01978
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 9 July 2014
- Procedural Posture
- Refugee Protection Claim Appeal / Notice of Appeal Received; Appeal Dismissed for Lack of Jurisdiction
- Outcome
- appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Appealability, Statutory Cutoff, Balanced Refugee Reform Act S.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 / Notice of Appeal Received; Appeal Dismissed for Lack of Jurisdiction
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
Ratio Decidendi
The appeal is dismissed for lack of jurisdiction because the appellant's claim was referred to the RPD on September 21, 2011, which is before the August 15, 2012 cutoff in s.36(1) of the Balanced Refugee Reform Act, therefore no right of appeal to the RAD exists.
Court Disposition
appeal dismissed for lack of jurisdiction
Orders
- Appeal dismissed for lack of jurisdiction
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 : VB4-01978 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 (Also Known As XXXX XXXX) Appeal considered / heard at Appel instruit à Date of decision July 9, 2014 Date de la décision Panel Tribunal Counsel for the person(s) who is(are) Simon Trela 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 N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received on July 3, 2014 a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX, also known as XXXX XXXX (the "appellant"). The appellant is a national of Morocco. [2] According to RAD records, the appellant is appealing the Notice of Decision of the RPD dated June 4, 2014. [3] On August 15, 2012, section 36 of the Balanced Refugee Reform Act1 came into force by Order in Council which was published in the Canada Gazette on that date. Subsection 36(1) establishes, where a refugee claim is referred to the RPD before August 15, 2012, there is no right of appeal to the RAD. [4] The claim of the appellant was referred to the RPD on September 21, 2011. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) "Douglas Fortney" July 9, 2014 Date 1 Balanced Refugee Reform Act, S.C. 2010, c. 8. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB4-01978