TB3-09638

RAD File No. / N° de dossier de la SAR : TB3-09638 TB3-09639 TB3-09640 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 XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision February 13, 2014 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Mordechai Wasserman Barrister and Solicitor 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 (de la) ministre REASONS FOR DECISION [1] The Refugee Appeal Division (RAD) received a Notice of Appeal on December 24, 2013 from the decision of the Refugee Protection Division (RPD) in the claims of XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX. [2] The persons who are the subjects of the appeal are appealing a decision of the RPD dated December 4, 2013 with written reasons received on December 9, 2013 rejecting their claims for refugee protection. [3] The appeals are dismissed for lack of jurisdiction because the appeals are in respect of a decision by the Refugee Protection Division for which no appeal may be made under s.110(2)(d) 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: (d) subject to the regulations, a decision of the Refugee Protection Division in respect of a claim for refugee protection if o (i) the foreign national who makes the claim came directly or indirectly to Canada from a country that is, on the day on which their claim is made, designated by regulations made under subsection 102(1) and that is a party to an agreement referred to in paragraph 102(2)(d), and (ii) the claim - by virtue of regulations made under paragraph 102(1)(c) - is not ineligible under paragraph 101(1)(e) to be referred to the Refugee Protection Division; [4] The only country that is designated by regulation and party to an agreement under paragraph 102(2)(d) of the IRPA is the United States. The appellants in this case came to Canada directly from the United States, but nonetheless they were not ineligible under paragraph 101(e) of the IRPA to make a claim by virtue of the regulations made under paragraph 102(1)(c). Therefore, under paragraph 110(2)(d) of the IRPA, no appeal may be made in respect of the RPD's decision. Therefore, the appeals are dismissed. (signed) "Deborah Morrish" Deborah Morrish February 13, 2014 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB3-09638 TB3-09639 TB3-09640