TB3-04420
The claim was referred to the RPD on March 2, 2011, which is before August 15, 2012, therefore section 36(1) of the BRRA removes the right of appeal to the RAD and the RAD lacks jurisdiction to hear the appeal; the appeal is dismissed.
Source-derived case information.
- Citation
- TB3-04420
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 12 July 2013
- Procedural Posture
- Refugee Appeal Division Review / Notice of Appeal Received; Appeal Dismissed for Lack of Jurisdiction at Preliminary Stage
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Jurisdiction, Balanced Refugee Reform Act, Statutory Appeal Restriction, Section 36 BRRA
- 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 Division Review / Notice of Appeal Received; Appeal Dismissed for Lack of Jurisdiction at Preliminary Stage
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal where the refugee claim was referred to the RPD before August 15, 2012
- 2 Applicability and effect of section 36 of the Balanced Refugee Reform Act
Ratio Decidendi
The claim was referred to the RPD on March 2, 2011, which is before August 15, 2012, therefore section 36(1) of the BRRA removes the right of appeal to the RAD and the RAD lacks jurisdiction to hear the appeal; the appeal is dismissed.
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 : TB3-04420 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision July 12, 2013 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Diane B. Coulthard 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 AND 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 July 2, 2013. [2] The person who is the subject of the appeal ('the person') had his refugee claim referred to the RPD on March 2, 2011. According to the Notice of Appeal, the person is appealing a decision of the RPD dated June 21, 2013, with written reasons received on June 27, 2013, rejecting his claim for refugee protection. [3] On August 15, 2012, section 36 of the Balanced Refugee Reform Act (BRRA) came into force by Order in Council which was published in the Canada Gazette on that date. Subsection 36(1) establishes that, where a refugee claim is referred to the Refugee Protection Division before August 15, 2012, there is no right of appeal to the Refugee Appeal Division. [4] The refugee claim of the person was referred to the RPD on March 2, 2011 before Section 36 of the BRRA came into force. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) "Deborah Morrish" Deborah Morrish July 12, 2013 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB3-04420