VB5-00010
Because Norway was a country designated under s.109.1(1) of IRPA on the date of the RPD decision (December 8, 2014), paragraph 110(2)(d.1) precludes any appeal to the RAD by a national of Norway; therefore the RAD lacks jurisdiction and the appeal must be dismissed.
Source-derived case information.
- Citation
- VB5-00010
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 5 February 2015
- Procedural Posture
- Refugee Appeal / Jurisdictional Dismissal by RAD
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Designation of Country, Appeal Bar Under S.110(2)(d.1), Jurisdiction, Refugee Protection Claim
- 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 / Jurisdictional Dismissal by RAD
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal of an RPD decision in respect of a national of a country designated under s.109.1(1) of IRPA
- 2 Whether designation of Norway under s.109.1(1) of IRPA, effective February 15, 2013, bars appeals under s.110(2)(d.1)
Ratio Decidendi
Because Norway was a country designated under s.109.1(1) of IRPA on the date of the RPD decision (December 8, 2014), paragraph 110(2)(d.1) precludes any appeal to the RAD by a national of Norway; therefore the RAD lacks jurisdiction and the appeal must be dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction
Orders
- Appeal dismissed for lack of jurisdiction pursuant to s.110(2)(d.1) of the Immigration and Refugee Protection Act.
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 : VB5-00010 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX XXXX Personne(s) en cause the subject of the appeal (Also Known As XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX) Appeal considered at Vancouver, BC Appel instruit à Date of decision February 5, 2015 Date de la décision Panel Tribunal Counsel for the person(s) who is(are) N/A Conseil(s) du (de la/des) the subject of the appeal personne(s) en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received on January 5, 2015 a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX XXXX, also known as XXXX XXXX XXXX XXXX XXXX and also known as XXXX XXXX XXXX (the "appellant). Based on documents disclosed by the Minister at the RPD hearing, the appellant was found to be a citizen of Norway. The Notice of Appeal indicated that the RPD Notice of Decision was dated December 8, 2014 and that the appellant received the RPD reasons on December 29, 2014. [2] Subsection 109.1(1) of the Immigration and Refugee Protection Act ("IRPA")1 provides that the Minister may, by order, designate a country for the purposes of subsection 110(2) of IRPA. Subsection 110(2)(d.1) of IRPA provides that no appeal may be made of a decision of the RPD allowing or rejecting a claim for refugee protection made by a national of a country that was, on the day the decision was made, designated under subsection 109.1(1). [3] The appellant is a citizen of Norway. The Minister has, by order effective February 15, 2013, designated Norway under subsection 109.1(1) of IRPA. According to the appellant's Notice of Appeal filed to the RAD, his claim was rejected by the RPD by a Notice of Decision dated December 8, 2014. On the date of that decision, Norway was a country designated under subsection 109.1(1), and under paragraph 110(2)(d.1), no appeal of that decision may be made to the RAD. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) "Douglas Fortney" February 5, 2015 Date 1 Immigration and Refugee Protection Act, S.C. 2001, c. 27. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB5-00010