VB6-02819
The RAD dismissed the appeal for lack of jurisdiction because s.110(2)(c) of the Immigration and Refugee Protection Act precludes appeals from RPD decisions that state a claim has no credible basis or is manifestly unfounded.
Source-derived case information.
- Citation
- VB6-02819
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration; Tribunal: Rena Dhir
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 19 August 2016
- Procedural Posture
- Refugee Protection Appeal / Appeal to Refugee Appeal Division Dismissed for Lack of Jurisdiction
- Outcome
- appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Appeal Restriction, Manifestly Unfounded, Credibility Finding, S.110(2)(c)
- 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
Rena Dhir
Tribunal
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD had jurisdiction to hear an appeal from an RPD decision that the claim had no credible basis
- 2 Whether a decision labelled "no credible basis" or "manifestly unfounded" under s.110(2)(c) is appealable
Ratio Decidendi
The RAD dismissed the appeal for lack of jurisdiction because s.110(2)(c) of the Immigration and Refugee Protection Act precludes appeals from RPD decisions that state a claim has no credible basis or is manifestly unfounded.
Court Disposition
appeal dismissed for lack of jurisdiction
Orders
- Appeal 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 : VB6-02819 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 Appeal considered at Appel instruit à Date of decision August 19, 2016 Date de la décision Panel Rena Dhir Tribunal Counsel for the person(s) who is(are) Mumtaz Khan 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 a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX XXXX, a national of Poland. [2] The Notice of Appeal was received by the RAD on August 17, 2016. The Notice of Appeal states the date of the RPD decision as July 21, 2016 and the date the RPD reasons were received as of August 15, 2016. The RPD decision rejected the claim for refugee protection. [3] The RPD's decision found that the claim had no credible basis. [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.1 This section states the following: 110(2) Restriction on appeals - 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) "Rena Dhir" Rena Dhir August 19, 2016 Date 1 Immigration and Refugee Protection Act, S.C. 2001, c. 27. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------