MB5-04137

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 : MB5-04137 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/heard at Montréal, Quebec Appel instruit à Date of decision September 23, 2015 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal Me Vincent Desbiens 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] The Refugee Appeal Division (RAD) received a notice of appeal regarding the decision rendered by the Refugee Protection Division (RPD) in the claim for refugee protection filed by XXXX XXXX XXXX. [2] The RAD received the notice of appeal on September 17, 2015. The person who is the subject of the appeal is appealing against the RPD decision dated September 8, 2015, rejecting the claims for refugee protection. The written reasons are deemed to have been received on September 15, 2015. [3] The appeal is dismissed for lack of jurisdiction because it concerns an RPD decision that is not subject to appeal under subparagraph 110(2)(d)(i) of the amended Immigration and Refugee Protection Act, which states the following: 110. (2) No appeal may be made in respect of any of the following: (d) subject to the regulations, a decision of the Refugee Protection Division in respect of a claim for refugee protection if (i) the foreign national who makes the claim came directly or indirectly to Canada from a country that is, on the day on which their claim is made, designated by regulations made under subsection 102(1) and that is a party to an agreement referred to in paragraph 102(2)(d), and (ii) the claim - by virtue of regulations made under paragraph 102(1)(c) - is not ineligible under paragraph 101(1)(e) to be referred to the Refugee Protection Division. [4] According to paragraph 159.5(b), it was open to the appellant to file a claim for refugee protection because she was caught by one of the exceptions set out. 159.5 Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified in paragraphs 159.4(1)(a) to (c) establishes, in accordance with subsection 100(4) of the Act, that ... (b) a family member of the claimant is in Canada and is (i) a protected person within the meaning of subsection 95(2) of the Act, (ii) a permanent resident under the Act, or [5] Moreover, according to subparagraph 110(2)(i), no appeal may be made in respect of his claim. [6] When XXXX XXXX XXXX entered Canada and claimed refugee protection, he had an uncle in Canada who was a permanent resident. [7] The appeal is therefore dismissed. Diane Sokolyk Me Diane Sokolyk September 23, 2015 Date IRB translation Original language: French RAD File No. / No de dossier de la SAR : MB5-04137 2 RAD.25.02 (June 23, 2014) Disponible en français