MB4-01793
The claim was referred to the RPD on June 26, 2012, which is before the August 15, 2012 commencement of s.36 of the BRRA; therefore subsection 36(1) removes the RAD's jurisdiction to hear the appeal and the appeal must be dismissed.
Source-derived case information.
- Citation
- MB4-01793
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 9 May 2014
- Procedural Posture
- Refugee Protection Appeal / Preliminary Jurisdictional Decision
- Outcome
- Appeal dismissed for lack of jurisdiction under section 36 of the Balanced Refugee Reform Act.
- Legal Topics
- Jurisdiction, Statutory Interpretation, Appealability, Balanced Refugee Reform Act, Section 36
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Protection Appeal / Preliminary Jurisdictional Decision
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal of an RPD decision where the claim was referred to the RPD before August 15, 2012
- 2 Whether subsection 36(1) of the Balanced Refugee Reform Act bars appeals to the RAD for claims referred to the RPD before its coming into force
Ratio Decidendi
The claim was referred to the RPD on June 26, 2012, which is before the August 15, 2012 commencement of s.36 of the BRRA; therefore subsection 36(1) removes the RAD's jurisdiction to hear the appeal and the appeal must be dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction under section 36 of the Balanced Refugee Reform Act.
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : MB4-01793 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 May 9, 2014 Date de la décision Panel Me Alain Bissonnette Tribunal Counsel for the person who is the subject of the appeal Me Angelica Pantiru Conseil de la personne en cause Designated representative N/A Représentant désigné Counsel for the Minister N/A Conseil du ministre REASONS AND DECISION [1] On May 7, 2014, the Refugee Appeal Division (RAD) received a notice of appeal regarding a decision rendered by the Refugee Protection Division (RPD) rejecting the claim for refugee protection filed XXXX XXXX. [2] According to the notice of appeal, the claimant received the notice of the RPD decision on April 24, 2014, and received the reasons for the decision on April 28, 2014. She would like to appeal that decision. [3] This notice of appeal concerns a claim for refugee protection that was referred to the RPD before the coming into force of section 36 of the Balanced Refugee Reform Act (BRRA). In accordance with the order published on August 15, 2012, in the Canada Gazette, section 36 of the BRRA 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. [4] The claim for refugee protection filed by the claimant was referred to the RPD on June 26, 2012, that is, before August 15, 2012. Therefore, the RPD decision rejecting her claim for refugee protection is not subject to appeal to the RAD. [5] For these reasons, the appeal is dismissed. Alain Bissonnette Me Alain Bissonnette May 9, 2014 Date IRB Translation Original Language: French N° de dossier de la SAR / RAD File No.:MB4-01793 RAD.25.02 (February 7, 2014) Disponible en français RAD File No. / N° de dossier de la SAR : MB4-01793 2