MB6-00724
The RAD lacks jurisdiction because the claimant's file was referred to the RPD on January 23, 2012, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012; subsection 36(1) expressly bars appeals to the RAD for claims referred before that date, therefore the appeal is...
Source-derived case information.
- Citation
- MB6-00724
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 2 February 2016
- Procedural Posture
- Refugee Protection Appeal / Notice of Appeal to Refugee Appeal Division; Decision on Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Right of Appeal, Legislative Commencement, 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 / Notice of Appeal to Refugee Appeal Division; Decision on Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear appeals for claims referred to the RPD before August 15, 2012
- 2 Whether subsection 36(1) of the Balanced Refugee Reform Act removes the right of appeal for such claims
Ratio Decidendi
The RAD lacks jurisdiction because the claimant's file was referred to the RPD on January 23, 2012, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012; subsection 36(1) expressly bars appeals to the RAD for claims referred before that date, therefore the appeal is dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction
Orders
- Appeal 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 : MB6-00724 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 at Montréal, Québec Appel instruit à Date of decision February 2nd, 2016 Date de la décision Panel Normand Leduc Tribunal Counsel for the person who is the subject of the appeal Me Isabelle Sauriol Conseil de la personne 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 received a Notice of Appeal from the decision of the Refugee Protection Division (RPD) in the claim of XXXX XXXX (the "Appellant") on February 2, 2016. The Notice of Appeal indicated that the appellant received the RPD reasons on January 18, 2016. [2] 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 Refugee Protection Division before the day on which section 36 of Balanced Refugee Reform Act came into force. On August 15, 2012, section 36 of the Balanced Refugee Reform Act came into force by Order in Council which was published in the Canada Gazette on that date. Subsection 36(1) sets out that if a refugee claim is referred to the Refugee Protection Division before August 15, 2012, there is no right of appeal to the Refugee Appeal Division. [3] The present claim was referred to the Refugee Protection Division on January 23, 2012; therefore the Appellant does not have a right to appeal the RPD decision to the RAD. [4] The appeal is dismissed. Normand Leduc Normand Leduc February 2nd, 2016 Date 1 RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : MB6-00724 2