TB4-09543
The claimant's refugee claim was referred to the RPD on May 17, 2012, which is before the August 15, 2012 commencement of the BRRA amendment; accordingly subsection 36(1) removes the right of appeal to the RAD and the RAD lacks jurisdiction, so the appeal is dismissed.
Source-derived case information.
- Citation
- TB4-09543
- Parties
- Appellant: XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX); Respondent: Minister of Citizenship and Immigration (Canada)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 9 October 2014
- Procedural Posture
- Refugee Appeal to Refugee Appeal Division / Initial Appeal; Dismissed for Lack of Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Jurisdiction, Appealability, Statutory Commencement, Section 36 of the Balanced Refugee Reform Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)
Appellant
Minister of Citizenship and Immigration (Canada)
Respondent
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Initial Appeal; Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction where the refugee claim was referred to the RPD before August 15, 2012
- 2 Whether subsection 36(1) of the Balanced Refugee Reform Act removes the right of appeal to the RAD for claims referred before August 15, 2012
Ratio Decidendi
The claimant's refugee claim was referred to the RPD on May 17, 2012, which is before the August 15, 2012 commencement of the BRRA amendment; accordingly subsection 36(1) removes the right of appeal to the RAD and the RAD lacks jurisdiction, so the appeal is dismissed.
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
RAD File No. / N° de dossier de la SAR : TB4-09543 Private Proceeding / Huis clos Reasons and decision ? Motifs et decision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXX (a.k.a XXXX XXXX XXXX) Personne(s) en cause (a.k.a XXXX XXXX) Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision October 9, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Monaliza Enriquez 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 decision of the Refugee Protection Division ("RPD") in the claim of XXXX XXXX XXXX XXXX, on October 7, 2014. [2] The person who is the subject of the appeal ("the person") had her refugee claim referred to the RPD on May 17, 2012. The Notice of Appeal does not show the date of the notice of decision or the date the RPD reasons were received. The RAD records show that the decision of the RPD is dated September 8, 2014, rejecting her claim for refugee protection. [3] On August 15, 2012, section 36 of the Balanced Refugee Reform Act (BRRA) was amended and the amendment 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 Refugee Protection Division before August 15, 2012, there is no right of appeal to the Refugee Appeal Division. [4] The refugee claim of the person was referred to the RPD on May 17, 2012. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) 'Ken Atkinson' Ken Atkinson October 9, 2014 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB4-09543