MB6-00676
The RAD dismissed the appeal for lack of jurisdiction because s.110(2)(b) IRPA expressly precludes appeals of RPD determinations rejecting claims as abandoned.
Source-derived case information.
- Citation
- MB6-00676
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 1 February 2016
- Procedural Posture
- Refugee Protection Appeal / Notice of Appeal Received by Rad; Jurisdictional Decision
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Abandonment of Claim, Jurisdiction, Appealability Under IRPA S.110(2)(b)
- 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 Protection Appeal / Notice of Appeal Received by Rad; Jurisdictional Decision
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal from an RPD determination rejecting a refugee protection claim as abandoned under s.110(2)(b) of the Immigration and Refugee Protection Act.
Ratio Decidendi
The RAD dismissed the appeal for lack of jurisdiction because s.110(2)(b) IRPA expressly precludes appeals of RPD determinations rejecting claims as abandoned.
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
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. / No de dossier de la SAR : MB6-00676 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 February 1, 2016 Date de la décision Panel Normand Leduc Tribunal Counsel for the person who is the subject of the appeal N/A Conseil de la personne en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS AND DECISION [1] On January 28, 2016, the Refugee Appeal Division (RAD) received a notice of appeal regarding a decision rendered by the Refugee Protection Division (RPD) on January 8, 2016, in the claim for refugee protection filed by XXXX XXXX XXXX (the appellant). The appellant indicates on his notice of appeal that he received the RPD decision on January 19, 2016. [2] The appeal is dismissed for lack of jurisdiction because it concerns a claim for refugee protection that the RPD rejected by determining that the claim had been abandoned. Under paragraph 110(2)(b) of the Immigration and Refugee Protection Act, no appeal to the RAD may be made in respect of an RPD determination rejecting a claim for refugee protection because that claim has been abandoned. [3] The appeal is dismissed. Normand Leduc Normand Leduc February 1, 2016 Date IRB translation Original language: French 1 RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / No de dossier de la SAR : MB6-00676 2