TB5-02278
The RAD dismissed the appeal because s.110(2)(c) IRPA expressly precludes appeals from RPD decisions rejecting claims as having no credible basis or as manifestly unfounded, leaving the RAD without jurisdiction to hear the appeal.
Source-derived case information.
- Citation
- TB5-02278
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 13 March 2015
- Procedural Posture
- Refugee Appeal Under IRPA / Notice of Appeal Received; Decision on Appeal: Dismissed for Lack of Jurisdiction
- 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
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal Under IRPA / Notice of Appeal Received; Decision on Appeal: Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal under s.110(2)(c) of the Immigration and Refugee Protection Act
Ratio Decidendi
The RAD dismissed the appeal because s.110(2)(c) IRPA expressly precludes appeals from RPD decisions rejecting 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
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR: TB5-02278 Private Proceeding / Huis clos Reasons and decision ? Motifs et decision 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 March 13, 2015 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal N/A 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. [2] The Notice of Appeal was received by the RAD on March 2, 2015. The Notice of Appeal states the date of the RPD decision as February 18, 2015 and the date the RPD reasons were received as February 20, 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 13, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-02278