TB8-15134
The appeal was dismissed for lack of jurisdiction because the claim was referred on December 5, 2012, which falls within the transitional period (August 15–December 14, 2012), and the claim was undecided by June 26, 2013, thereby excluding RAD jurisdiction under the corrected statutory scheme.
Source-derived case information.
- Citation
- TB8-15134
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 3 July 2018
- Procedural Posture
- Refugee Appeal / RAD Decision on Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Jurisdiction, Appeal Rights, Transitional Provisions, Statutory Interpretation, Referral Dates
- 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 / RAD Decision on Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear the appeal given the referral date
- 2 Application of section 36 of the Balanced Refugee Reform Act and subsequent amendments
- 3 Effect of the PCISA drafting error and its correction on appeal rights
Ratio Decidendi
The appeal was dismissed for lack of jurisdiction because the claim was referred on December 5, 2012, which falls within the transitional period (August 15–December 14, 2012), and the claim was undecided by June 26, 2013, thereby excluding RAD jurisdiction under the corrected statutory scheme.
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. / N° de dossier de la SAR : TB8-15134 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision July 3, 2018 Date de la décision Panel Robert S. Garner Tribunal Counsel for the person(s) who is(are)the subject of the appeal Clarence Fenton Conseil(s) du (de la/des) personne(s) en cause Designated Representative(s) N/A Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (RAD) received a Notice of Appeal from the negative decision of the Refugee Protection Division (RPD) in the claim of XXXX XXXX XXXX. [2] The person who is the subject of the appeal ("the person") had his refugee claim referred to the RPD on December 5, 2012. According to the Notice of Appeal, the person is appealing a decision of the RPD dated June 13, 2018, rejecting his claim for refugee protection. He was deemed to have received this decision and reasons on June 20, 2018. [3] On August 15, 2012, section 36 of the Balanced Refugee Reform Act (BRRA) came into force by Order in Council which was published in the Canada Gazette on that date. Subsection 36(1) establishes that, where a refugee claim is referred to the RPD before August 15, 2012, there is no right of appeal to the RAD. [4] However, a drafting error in the Protecting Canada's Immigration System Act (PCISA) allowed some categories of asylum claimants from the previous system to appeal to the RAD. The IRB corrected this error and as a result a change came into effect on June 26, 2013, with Royal Assent of the Budget Implementation Act. [5] Asylum claimants who were referred to the Immigration and Refugee Board between August 15 and December 14, 2012, and whose claims had not been decided by June 26, 2013, do not have jurisdiction to appeal to the RAD. [6] This appeal is dismissed for lack of jurisdiction. (signed) "Robert S. Garner" Robert S. Garner July 3, 2018 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB8-15134