TB5-02349
The appeal was dismissed because s.110(2)(c) IRPA expressly prohibits appeals to the RAD from RPD decisions that reject claims as having no credible basis or as manifestly unfounded, leaving the RAD without jurisdiction to hear the appeal.
Source-derived case information.
- Citation
- TB5-02349
- Parties
- Appellant: XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 18 March 2015
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Notice of Appeal Received; RAD Disposition on Jurisdiction and Dismissal
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Jurisdiction, Appealability, Manifestly Unfounded, Credible Basis
- 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 XXXX)
Appellant
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Notice of Appeal Received; RAD Disposition on Jurisdiction and Dismissal
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal from an RPD decision rejecting a refugee claim as having no credible basis or as manifestly unfounded under s.110(2)(c) of the Immigration and Refugee Protection Act
Ratio Decidendi
The appeal was dismissed because s.110(2)(c) IRPA expressly prohibits appeals to the RAD from RPD decisions that reject claims as having no credible basis or as manifestly unfounded, leaving the RAD without jurisdiction to hear the appeal.
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
RAD File No. / N° de dossier de la SAR :TB5-02349 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 XXXX) Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision March 18, 2015 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Stephen Osborne Conseil(s) du (de la/des) personne(s) en cause 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. [2] The Notice of Appeal was received by the RAD on March 5, 2015. The Notice of Appeal states the date of the RPD decision as February 19, 2015 and the date the RPD reasons were received as March 2, 2015. The RPD decision rejected the claim for refugee protection. [3] The RPD's decision found that the claim . [4] 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 under s. 110(2)(c) of the amended Immigration and Refugee Protection Act (IRPA). This section states the following: 110. (2) No appeal may be made in respect of any of the following: (c) a decision of the Refugee Protection Division rejecting a claim for refugee protection that states that the claim has no credible basis or is manifestly unfounded. [5] Therefore, the appeal is dismissed. (signed) "Deborah Morrish" Deborah Morrish March 18, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-02349