MB4-04726
Subsection 36(1) of the Balanced Refugee Reform Act, as amended by the Protecting Canada's Immigration System Act, removes RAD jurisdiction over RPD decisions for claims referred to the RPD before August 15, 2012; because the appellant's claim was referred on March 25, 2009, the RAD lacks jurisdiction and the appeal...
Source-derived case information.
- Citation
- MB4-04726
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 24 November 2014
- Procedural Posture
- Refugee Appeal / Appeal Decision Jurisdictional Dismissal
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Statutory Interpretation, Transitional Provisions, Appealability
- 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 / Appeal Decision Jurisdictional Dismissal
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal of an RPD decision where the underlying claim was referred to the RPD before August 15, 2012
- 2 Application and effect of subsection 36(1) of the Balanced Refugee Reform Act as amended by the Protecting Canada's Immigration System Act
- 3 Effect of the August 15, 2012 coming-into-force date and related transitional provisions
Ratio Decidendi
Subsection 36(1) of the Balanced Refugee Reform Act, as amended by the Protecting Canada's Immigration System Act, removes RAD jurisdiction over RPD decisions for claims referred to the RPD before August 15, 2012; because the appellant's claim was referred on March 25, 2009, the RAD lacks jurisdiction and the appeal must be dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction
Orders
- The appeal is 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 : MB4-04726 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 24, 2014 Date de la décision Panel Normand Leduc Tribunal Counsel for the person who is the subject of the appeal Me Anthony Karkar Conseil de la personne en cause Designated representative N/A Représentant désigné Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] On November 14, 2014, the Refugee Appeal Division (RAD) received a notice of appeal regarding a decision rendered by the Refugee Protection Division (RPD) on October 24, 2014, in the claim for refugee protection filed by XXXX XXXX XXXX (the appellant). According to the notice of appeal filed by the appellant, he received the RPD decision and written reasons on October 31, 2014. [2] The appeal is dismissed for lack of jurisdiction because it concerns a refugee protection claim that was referred to the RPD before the coming into force of section 36 of the Balanced Refugee Reform Act (BRRA), as amended by the Protecting Canada's Immigration System Act (PCISA). In accordance with the order published on August 15, 2012, in the Canada Gazette, section 36 of the BRRA, as amended by the PCISA, 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. The refugee protection claim was referred to the RPD on March 25, 2009; therefore, the decision is not subject to appeal to the RAD. [3] The appeal is dismissed. Normand Leduc Normand Leduc November 24, 2014 Date IRB translation Original language: French RAD File No. / N° de dossier de la SAR : MB4-04726 2 RAD.25.02 (2014.09.11) Disponible en français