MB4-04619
The claim was referred to the RPD on February 2, 2009, which is before August 15, 2012; subsection 36(1) of the Balanced Refugee Reform Act, as brought into force by the Canada Gazette order of August 15, 2012, precludes appeals to the RAD for such claims; therefore the RAD lacks jurisdiction and the appeal is...
Source-derived case information.
- Citation
- MB4-04619
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 14 November 2014
- Procedural Posture
- Refugee Appeal to Refugee Appeal Division / Notice of Appeal Received; Dismissed for Lack of Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction under subsection 36(1) of the Balanced Refugee Reform Act.
- Legal Topics
- Appealability, Jurisdiction, Statutory Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Notice of Appeal Received; Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal under subsection 36(1) of the Balanced Refugee Reform Act for a claim referred to the RPD before August 15, 2012.
Ratio Decidendi
The claim was referred to the RPD on February 2, 2009, which is before August 15, 2012; subsection 36(1) of the Balanced Refugee Reform Act, as brought into force by the Canada Gazette order of August 15, 2012, precludes appeals to the RAD for such claims; therefore the RAD lacks jurisdiction and the appeal is dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction under subsection 36(1) of the Balanced Refugee Reform Act.
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 : MB4-04619 Private Proceeding / Huis clos Reasons and Decision ? Motifs et décision Person Who Is the Subject of the Appeal XXXX XXXX XXXX Personne en cause Appeal Considered at Montréal, Quebec Appel instruit à Date of Decision November 14, 2014 Date de la décision Panel Me Alain Bissonnette Tribunal Counsel for the Person Who Is the Subject of the Appeal Me Salim A Kolawolou Conseil de la personne en cause Designated Representative N/A Représentant désigné Counsel for the Minister N/A Conseil du ministre REASONS AND DECISION [1] On November 7, 2014, the Refugee Appeal Division (RAD) received a notice of appeal regarding the decision rendered by the Refugee Protection Division (RPD) rejecting the claim for refugee protection filed by XXXX XXXX XXXX. [2] According to the notice of appeal, the RPD notice of decision was dated October 22, 2014, and the claimant received the reasons for the RPD decision on October 23, 2014. The claimant would like to appeal that decision. [3] This notice of appeal concerns a claim for refugee protection that was referred to the RPD before the coming into force of section 36 of the Balanced Refugee Reform Act (BRRA). In accordance with the order published on August 15, 2012, in the Canada Gazette, section 36 of the BRRA came into force on that day. According to subsection 36(1), a decision made by the RPD in respect of a claim for refugee protection that was referred to that division before August 15, 2012, is not subject to appeal to the RAD. [4] The claim for refugee protection filed by the claimant was referred to the RPD on February 2, 2009, that is, before August 15, 2012. Therefore, the RPD decision rejecting her claim for refugee protection is not subject to appeal to the RAD. [5] For these reasons, the appeal is dismissed. Alain Bissonnette Me Alain Bissonnette November 14, 2014 Date IRB translation Original language: French N° de dossier de la SAR / RAD File No.:MB4-04619 RAD.25.02 (2014.09.11) Disponible en français RAD File No. / N° de dossier de la SAR : MB4-04619 2