MB5-01716
The RAD lacks jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act, as amended by the Protecting Canada's Immigration System Act and brought into force August 15, 2012, precludes appeals to the RAD of RPD decisions in respect of claims referred to the RPD before that date; this claim was referred...
Source-derived case information.
- Citation
- MB5-01716
- Parties
- Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 22 April 2015
- Procedural Posture
- Refugee Protection Appeal / Appeal Filed at Rad; Jurisdictional Decision Rendered
- Outcome
- appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Statutory Interpretation, Transitional Provisions, Appealability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Protection Appeal / Appeal Filed at Rad; Jurisdictional Decision Rendered
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal under subsection 36(1) of the Balanced Refugee Reform Act as amended by the Protecting Canada's Immigration System Act
- 2 Whether the refugee protection claim was referred to the Refugee Protection Division before the coming into force date of August 15, 2012, thereby rendering the RPD decision not appealable to the RAD
Ratio Decidendi
The RAD lacks jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act, as amended by the Protecting Canada's Immigration System Act and brought into force August 15, 2012, precludes appeals to the RAD of RPD decisions in respect of claims referred to the RPD before that date; this claim was referred on December 11, 2008, so the decision is not appealable.
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 : MB5-01716 MB5-01717 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXXXXXX XXXX XXXX Personne(s) en cause Appeal considered at Montréal, QC Appel instruit à Date of decision April 22nd, 2015 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person(s) who is(are) the subject(s) of the appeal N/A Conseil(s) (de la/des) 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] On April 21, 2015, the Refugee Appeal Division (RAD) received a notice of appeal from XXXX XXXX and XXXX XXXX XXXX (the "Persons") regarding the decision rendered by the Refugee Protection Division (RPD) on March 20, 2015, in their claim for refugee protection. The Persons are reputed to have received the RPD decision and written reasons on March 27, 2015. [2] The appeal is dismissed for lack of jurisdiction because the appeal deals with a refugee protection claim that was referred to the RPD before the coming into force of section 36 of the Balanced Refugee Reform Act (BRRA), as amended by the Protecting Canada's Immigration System Act (PCISA). In accordance with the order published on August 15, 2012, in the Canada Gazette, section 36 of the BRRA, as amended by the PCISA, 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. The refugee protection claim was referred to the RPD on December 11, 2008; therefore, the decision is not subject to appeal to the RAD. [3] The appeal is dismissed. Diane Sokolyk Me Diane Sokolyk April 22, 2014 Date /dlg 1 RAD.25.02 (2014.09.11) Disponible en français RAD File No. / N° de dossier de la SAR : MB5-01716 MB5-01717