MB4-04524
Because the refugee claim was referred to the RPD on January 13, 2012, before the August 15, 2012 coming-into-force of section 36 of the BRRA as amended by PCISA, subsection 36(1) precluded RAD jurisdiction and the appeal was dismissed.
Source-derived case information.
- Citation
- MB4-04524
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 6 November 2014
- Procedural Posture
- Refugee Protection Appeal to Refugee Appeal Division / Jurisdictional Determination and Dismissal
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Jurisdiction, Appealability, Statutory Interpretation, Temporal Application of Legislation
- 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 Protection Appeal to Refugee Appeal Division / Jurisdictional Determination and Dismissal
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal of an RPD decision where the refugee claim was referred to the RPD before August 15, 2012
- 2 Whether subsection 36(1) of the Balanced Refugee Reform Act, as amended by the Protecting Canada's Immigration System Act, precludes appeals to the RAD for such claims
Ratio Decidendi
Because the refugee claim was referred to the RPD on January 13, 2012, before the August 15, 2012 coming-into-force of section 36 of the BRRA as amended by PCISA, subsection 36(1) precluded RAD jurisdiction and 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
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 : MB4-04524 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person who is the subject of the appeal XXXX XXXX XXXX XXXX Personne en cause Appeal considered / heard at Montréal, Quebec Appel instruit à Date of decision November 6, 2014 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal N/A Conseil de la personne en cause Designated representative N/A Représentant désigné Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] On October 30, 2014, the Refugee Appeal Division (RAD) received a notice of appeal regarding the decision rendered by the Refugee Protection Division (RPD) on August 25, 2014, in the claim for refugee protection filed by XXXX XXXX XXXX XXXX. The Appellant is declared to have received the RPD decision and written reasons on September 1, 2014. [2] The appeal is dismissed for lack of jurisdiction because the appeal deals with a refugee protection claim that was referred to the RPD before the coming into force of section 36 of the Balanced Refugee Reform Act (BRRA), as amended by the Protecting Canada's Immigration System Act (PCISA). In accordance with the order published on August 15, 2012, in the Canada Gazette, section 36 of the BRRA, as amended by the PCISA, came into force on that day. According to subsection 36(1), a decision made by the RPD in respect of a claim for refugee protection that was referred to that Division before August 15, 2012, is not subject to appeal to the RAD. The refugee protection claim was referred to the RPD on January 13, 2012; therefore, the decision is not subject to appeal to the RAD. [3] The appeal is dismissed. Diane Sokolyk Me Diane Sokolyk November 6, 2014 Date /kp RAD.25.02 (June 23, 2014) Disponible en français RAD File No. / N° de dossier de la SAR : MB4-04524 2