TC3-10272
Because section 110(2)(c) of IRPA prohibits appeals from RPD decisions that state the claim has no credible basis or is manifestly unfounded, the RAD lacks jurisdiction and the appeal must be dismissed.
Source-derived case information.
- Citation
- TC3-10272
- Parties
- Appellant: XXXX XXXX XXXX; Respondent: Minister of Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 15 March 2023
- Procedural Posture
- Refugee Appeal to the Refugee Appeal Division Under IRPA / Notice of Appeal Filed; Appeal Dismissed for Lack of Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, No Credible Basis, Statutory Bar to Appeal, Appealability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX
Appellant
Minister of Immigration
Respondent
Procedural Posture
Refugee Appeal to the Refugee Appeal Division Under IRPA / Notice of Appeal Filed; Appeal Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal where the Refugee Protection Division found the claim has no credible basis under s.107(2) IRPA
- 2 Whether s.110(2)(c) of IRPA bars the appeal
Ratio Decidendi
Because section 110(2)(c) of IRPA prohibits appeals from RPD decisions that state the claim has no credible basis or is manifestly unfounded, the RAD lacks jurisdiction and the appeal must be dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction
Orders
- Appeal dismissed for lack of jurisdiction pursuant to section 110(2)(c) of the Immigration and Refugee Protection Act
Full Case Text
Judgment text and source record
1 paragraphs
RAD File / Dossier de la SAR : TC3-10272 Private Proceeding / Huis clos Reasons and Decision ? Motifs et décision Person who is the subject of the appeal XXXX XXXX XXXX Personne en cause Date of decision March 15, 2023 Date de la décision Panel L. S. Hart Tribunal Counsel for the person who is the subject of the appeal Eduardo Matos Oliveira Conseil de la personne en cause Designated representative XXXX XXXX XXXX XXXX Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION OVERVIEW [1] XXXX XXXX XXXX (the Appellant) is a citizen of Brazil. On March 9, 2023, the Appellant filed a Notice of Appeal with the Refugee Appeal Division (RAD). [2] The Appellant is appealing a decision by the Refugee Protection Division (RPD) dated February 28, 2023 rejecting their claim for refugee protection. The RPD decision states that the Appellant's claim was found to have no credible basis pursuant to s.107(2) of the Immigration and Refugee Protection Act (IRPA).1 APPEAL DISMISSED [3] According to section 110(2)(c) of IRPA: 110(2) 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. [4] Therefore, the appeal is dismissed for lack of jurisdiction. (signed) L.S.Hart L. S. Hart March 15, 2023 Date 1 Immigration and Refugee Protection Act, S.C. (2001), c. 27, as amended. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File / Dossier de la SAR : TC3-10272 RAD.25.13 (November 2022) 2 Disponible en français 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.25.13 (November 2022) Disponible en français