VB5-00900
Because the appellant's claim was referred to the RPD on November 26, 2012 (within the August 14–December 15, 2012 window) and the RPD rendered its decision on March 9, 2015 (after section 167 came into force on June 26, 2013), section 167 bars any right of appeal to the RAD; therefore the RAD has no jurisdiction...
Source-derived case information.
- Citation
- VB5-00900
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 8 April 2015
- Procedural Posture
- Refugee Appeal to Refugee Appeal Division / Decision on Jurisdiction (appeal Dismissed)
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Statutory Interpretation, Appeal Rights, Economic Action Plan 2013 Act, No. 1 S.167
- 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 to Refugee Appeal Division / Decision on Jurisdiction (appeal Dismissed)
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal where the claim was referred to the RPD between August 14, 2012 and December 15, 2012 and the RPD decision was rendered after June 26, 2013
- 2 Application and effect of section 167 of the Economic Action Plan 2013 Act, No. 1
Ratio Decidendi
Because the appellant's claim was referred to the RPD on November 26, 2012 (within the August 14–December 15, 2012 window) and the RPD rendered its decision on March 9, 2015 (after section 167 came into force on June 26, 2013), section 167 bars any right of appeal to the RAD; therefore the RAD has no jurisdiction and the appeal must be dismissed.
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 : VB5-00900 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 at Vancouver, BC Appel instruit à Date of decision April 8, 2015 Date de la décision Panel Douglas Fortney Tribunal Counsel for the person(s) who is(are) Bjorn Harsanyi Conseil(s) du (de la/des) the subject of the appeal Barrister and Solicitor 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 March 25, 2015 a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX (the "appellant"), a national of Albania. [2] According to RAD records, the appellant is appealing the Notice of Decision of the RPD dated March 13, 2015. [3] The appeal is dismissed for lack of jurisdiction because the appeal is in respect of a claim for refugee protection that was referred to the RPD before the day on which section 167 of the Economic Action Plan 2013 Act, No. 11 came into force. On June 26, 2013, section 167 of the Economic Action Plan 2013 Act, No. 1 came into force by Order in Council which was published in the Canada Gazette on that date. Section 167 sets out that if a refugee claim is referred to the RPD after August 14, 2012 but before December 15, 2012 and the RPD rendered its decision after June 26, 2013, there is no right of appeal to the RAD. [4] The claim of the appellant was referred to the RPD on November 26, 2012 and the RPD rendered its decision on March 9, 2015. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) "Douglas Fortney" Douglas Fortney April 8, 2015 Date 1 Economic Action Plan 2013 Act, No. 1 (S.C. 2013, c. 33). --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB5-00900