VB4-00155

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 : VB4-00155 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Re-opening Application Person(s) who is (are) Personne(s) en cause the subject of the appeal XXXX XXXX Appeal considered at Appel instruit à Date of decision October 21, 2014 Date de la décision Panel Tribunal Counsel for the person(s) who is (are) Raj Sharma Conseil(s) du (de la/des) the subject of the appeal personne(s) en cause Counsel for the Minister Tony Osterling Conseil du ministre REASONS FOR DECISION [1] XXXX XXXX (the "appellant"), a national of Albania, submitted an application on October 2, 2014 to reopen his appeal of the May 6, 2014 decision by the Refugee Appeal Division (the "RAD") whereby the RAD confirmed the January 3, 2014 determination of the Refugee Protection Division (the "RPD") rejecting his claim for refugee protection. [2] The appellant's claim for refugee protection was heard by the RPD on November 15, 2013, with an oral decision being rendered on that same day. The RPD found that the appellant was neither a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act (the "Act")1 nor a person in need of protection pursuant to section 97 of that Act. [3] On September 3, 2014 the Federal Court dismissed the appellant's application for leave and judicial review of the RAD decision. Counsel for the Minister in his written submissions dated October 6, 2014 submits that under section 171.1 of the Act, the RAD has no jurisdiction to reopen on any ground including a failure to observe a principle of natural justice an appeal in respect of which the Federal Court has made a final determination. The Federal Court made a final determination when it dismissed the appellant's application for leave and judicial review. No reply was received from the appellant to submissions made by the Minister. DETERMINATION [4] Pursuant to section 171.1 of the Act, the RAD has no jurisdiction to reopen on any ground including a failure to observe a principle of natural justice an appeal in respect of which the Federal Court has made a final determination. This application is therefore dismissed. (signed) "Douglas Fortney" October 21, 2014 Date 1 Immigration and Refugee Protection Act, S.C., 2001, c. 27. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB4-00155