TB3-05167
Section 167 of the Economic Action Plan 2013 Act No.1 precludes RAD jurisdiction over RPD decisions under s.107(1) for claims referred between August 14, 2012 and December 15, 2012 where the decision takes effect after the section came into force; therefore the RAD lacks jurisdiction and the appeal must be dismissed.
Source-derived case information.
- Citation
- TB3-05167
- Parties
- Appellant: XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX); Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 30 August 2013
- Procedural Posture
- Refugee Protection Appeal / Decision on Jurisdiction Appeal to Refugee Appeal Division
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Statutory Interpretation, Refusal of Refugee Protection
- 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 XXXX)
Appellant
Minister
Respondent
Procedural Posture
Refugee Protection Appeal / Decision on Jurisdiction Appeal to Refugee Appeal Division
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal from a Refugee Protection Division decision dated July 10/11, 2013 in respect of a claim referred to the RPD after August 14, 2012 but before December 15, 2012
- 2 Whether section 167 of the Economic Action Plan 2013 Act No.1 (S.C. 2013, c.33) removes RAD jurisdiction over such RPD decisions
Ratio Decidendi
Section 167 of the Economic Action Plan 2013 Act No.1 precludes RAD jurisdiction over RPD decisions under s.107(1) for claims referred between August 14, 2012 and December 15, 2012 where the decision takes effect after the section came into force; therefore 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 under section 167 of the Economic Action Plan 2013 Act No.1
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR :TB3-05167 Private Proceeding / Huis clos Reasons and Decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX) Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of Decision August 30, 2013 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are) the subject of the appeal Robin Edoh 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 (de la) 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. [2] The person who is the subject of the appeal was referred to the RPD on October 18, 2012. According to the Notice of Appeal, the person is appealing a decision of the RPD dated July 11, 2013 with written reasons received on July 18, 2013 rejecting her claim for refugee protection. The records of the RPD state that the decision of the RPD in this matter is dated July 10, 2013. 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 to the RAD in accordance with the Economic Action Plan 2013 Act, ("Act") No.1, S.C. 2013, c.33. This section states the following: 167. A decision made by the Refugee Protection Division under subsection 107(1) of the Immigration and Refugee Protection Act in respect of a claim for refugee protection that was referred to that division after August 14, 2012 but before December 15, 2012 is not subject to appeal to the Refugee Appeal Division if the decision takes effect in accordance with the Refugee Protection Rules after the day on which this section comes into force. [3] The Act came into force on June 26, 2013. [4] Therefore, this matter is dismissed for lack of jurisdiction. (signed) 'Ken Atkinson' Ken Atkinson August 30, 2013 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR TB3-05167