TB4-09585
The RAD dismissed the appeal because section 167 of the Economic Action Plan 2013 Act removes the right to appeal RPD decisions to the RAD for claims referred between August 14, 2012 and December 15, 2012, and that provision was in force as of June 26, 2013, therefore the RPD decision was not appealable.
Source-derived case information.
- Citation
- TB4-09585
- Parties
- Appellant: XXXX XXXX XXXX (a.k.a. XXXX XXXX); Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 9 October 2014
- Procedural Posture
- Refugee Appeal / Decision on Jurisdiction and Dismissal
- Outcome
- dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Appealability, Statutory Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX (a.k.a. XXXX XXXX)
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Decision on Jurisdiction and Dismissal
Legal Issues
- 1 Whether the Refugee Appeal Division had jurisdiction to hear an appeal under section 167 of the Economic Action Plan 2013 Act
- 2 Whether an RPD decision respecting a claim referred after August 14, 2012 but before December 15, 2012 is appealable to the RAD
- 3 Effect of the coming into force date (June 26, 2013) of section 167 on appealability
Ratio Decidendi
The RAD dismissed the appeal because section 167 of the Economic Action Plan 2013 Act removes the right to appeal RPD decisions to the RAD for claims referred between August 14, 2012 and December 15, 2012, and that provision was in force as of June 26, 2013, therefore the RPD decision was not appealable.
Court Disposition
dismissed for lack of jurisdiction
Orders
- Appeal dismissed for lack of jurisdiction.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB4-09585 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX (a.k.a. XXXX XXXX) Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision October 9, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Marvin M Moses Conseil(s) du (de la/des) personne(s) en cause Barrister & Solicitor Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (RAD) received a Notice of Appeal from the decision of the Refugee Protection Division (RPD) in the claim of XXXX XXXX XXXX on October 7, 2014. [2] The person who is the subject of the appeal ('the person') had the refugee claim referred to the RPD on December 6, 2012. According to the Notice of Appeal, the person is appealing a decision of the RPD dated September 15, 2014, with written reasons received on September 22, 2012, rejecting the claim for refugee protection. RAD records show that the date of the decision was September 12, 2014. [3] The appeal is dismissed for lack of jurisdiction because the appeal is in respect of a decision by the RPD from which no appeal may be made to the RAD in accordance with the Economic Action Plan 2013 Act, ("Act") No.1, S.C. 2013, c.33. Section 167 of the Act states the following: 167. A decision made by the Refugee Protection Division under subsection 107(1) of the Immigration and Refugee Protection Act in respect of a claim for refugee protection that was referred to that division after August 14, 2012 but before December 15, 2012 is not subject to appeal to the Refugee Appeal Division if the decision takes effect in accordance with the Refugee Protection Rules after the day on which this section comes into force. [4] The section of the Act came into force on June 26, 2013. [5] Therefore, this matter is dismissed for lack of jurisdiction. 'Ken Atkinson' Ken Atkinson October 9, 2014 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB4-09585