TB5-13828
The appeal is dismissed for lack of jurisdiction because the appellant's refugee claim was referred to the RPD on October 26, 2011, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012; section 36(1) eliminates the right of appeal to the RAD for such claims.
Source-derived case information.
- Citation
- TB5-13828
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration (or Refugee Protection Division)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 23 December 2015
- Procedural Posture
- Refugee Protection Appeal / Appeal Filed at Refugee Appeal Division; Dismissed for Lack of Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Statutory Commencement, Appeal Rights, Balanced Refugee Reform Act
- 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 (or Refugee Protection Division)
Respondent
Procedural Posture
Refugee Protection Appeal / Appeal Filed at Refugee Appeal Division; Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal of a refugee claim that was referred to the RPD before August 15, 2012
- 2 Whether section 36 of the Balanced Refugee Reform Act removes the right of appeal for claims referred before its commencement date
Ratio Decidendi
The appeal is dismissed for lack of jurisdiction because the appellant's refugee claim was referred to the RPD on October 26, 2011, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012; section 36(1) eliminates the right of appeal to the RAD for such claims.
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 : TB5-13828 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 December 23, 2015 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Joseph S. Farkas 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] XXXX XXXX XXXX appeals a decision of the Refugee Protection Division (RPD) to refuse his claim for refugee protection in a decision dated November 26, 2015. The Refugee Appeal Division (RAD) received a Notice of Appeal on December 16, 2015. [2] The appeal is dismissed for lack of jurisdiction because the appeal is in respect of a claim for refugee protection that was referred to the Refugee Protection Division before the day on which section 36 of the Balanced Refugee Reform Act (BRRA) came into force. On August 15, 2012, section 36 of the Balanced Refugee Reform Act came into force by Order in Council which was published in the Canada Gazette on that date. Subsection 36(1) sets out that if a refugee claim is referred to the Refugee Protection Division before August 15, 2012, there is no right of appeal to the Refugee Appeal Division. [3] Your claim was referred to the Refugee Protection Division on October 26, 2011; therefore, it is not subject to appeal to the Refugee Appeal Division. (signed) "Deborah Morrish" Deborah Morrish December 23, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-13828