TB4-08625
Because Spain was a designated country on the day the RPD made its decision, s.110(2)(d.1) IRPA barred any appeal and the RAD lacked jurisdiction, thus the appeal was dismissed.
Source-derived case information.
- Citation
- TB4-08625
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 27 October 2014
- Procedural Posture
- Refugee Appeal Under IRPA / Jurisdictional Dismissal at RAD
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Designation of Country, Jurisdiction, Refugee Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal Under IRPA / Jurisdictional Dismissal at RAD
Legal Issues
- 1 Whether the Refugee Appeal Division had jurisdiction to hear an appeal from a national of Spain given a designation under s.109.1(1) IRPA
- 2 Whether s.110(2)(d.1) IRPA bars appeals where the country of the claimant was designated on the day of the RPD decision
Ratio Decidendi
Because Spain was a designated country on the day the RPD made its decision, s.110(2)(d.1) IRPA barred any appeal and the RAD lacked jurisdiction, thus the appeal was dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB4-08625 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision October 27, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Dariusz Wroblewski Barrister & Solicitor 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("Appellant"). [2] The Notice of Appeal was received by RAD on September 16, 2014, from the person who is the subject of appeal ("person"). According to the Notice of Appeal, the person is appealing a decision of the RPD dated August 28, 2014 with written reasons received by the person on September 5, 2014 rejecting his claim for refugee protection. [3] According to the RAD records, the RPD decision was dated August 28, 2014 and was deemed to be received by XXXX XXXX XXXX XXXXon September 5, 2014. An Appellant's Record was received by the RAD on October 20, 2014. [4] Section 109.1(1) of the Immigration and Refugee Protection Act (IRPA) provides that the Minister may, by order, designate a country for the purposes of Section 110(2) of IRPA. Section 110(2)(d.1) of IRPA provides that no appeal may be made of a decision of the RPD allowing or rejecting a claim for refugee protection made by a national of a country that was, on the day the decision was made, designated under Section 109.1(1) [5] XXXX XXXX XXXX XXXX is a citizen of Spain. The Minister of Citizenship and Immigration has, by order effective December 15, 2012, designated Spain under section 109.1(1) of IRPA. According to the Appellant's Notice of Appeal filed to the RAD, the claim was rejected by the RPD by a Notice of Decision dated August 28, 2014. [6] Spain was a designated country on the day of the RPD's decision to reject the claim. As such, no appeal of the decision may be made to the RAD. [7] This appeal is dismissed for lack of jurisdiction. (signed) 'Ken Atkinson' Ken Atkinson October 27, 2014 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB4-08625