VB5-02677
The appellants' claims were referred to the RPD on February 16, 2010, which is before August 15, 2012; subsection 36(1) of the Balanced Refugee Reform Act eliminates the right of appeal to the RAD for such referrals; therefore the RAD lacks jurisdiction and the appeal is dismissed.
Source-derived case information.
- Citation
- VB5-02677
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 15 September 2015
- Procedural Posture
- Refugee Appeal / Notice of Appeal Filed; Disposition on Jurisdictional Threshold
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Right of Appeal, Jurisdictional Bar, Statutory Cut Off Date
- 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 / Notice of Appeal Filed; Disposition on Jurisdictional Threshold
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear appeals where the refugee claim was referred to the RPD before August 15, 2012
- 2 Application and effect of subsection 36(1) of the Balanced Refugee Reform Act
Ratio Decidendi
The appellants' claims were referred to the RPD on February 16, 2010, which is before August 15, 2012; subsection 36(1) of the Balanced Refugee Reform Act eliminates the right of appeal to the RAD for such referrals; therefore the RAD lacks jurisdiction and 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
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 : VB5-02677 /78/79 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX XXXX XXXX Personne(s) en cause the subject of the appeal XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX (Also Known As XXXX XXXX XXXX XXXX XXXX Appeal considered at Appel instruit à Date of decision September 15, 2015 Date de la décision Panel Tribunal Counsel for the person(s) who is(are) Leonardo Jose Di Leone Velasquez Conseil(s) du (de la/des) the subject of the appeal personne(s) en cause Designated representative N/A Représentant€ désigné€ Counsel for the Minister N/A Conseil du inister REASONS FOR DECISION [1] On September 4, 2015, the Refugee Appeal Division (the "RAD") received a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claims of XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX, also known as XXXX XXXX XXXX XXXX (the "appellants"), nationals of Uruguay. [2] According to RAD records, the appellants are appealing the Notice of Decision of the RPD dated August 6, 2015. [3] On August 15, 2012, section 36 of the Balanced Refugee Reform Act1 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 RPD before August 15, 2012, there is no right of appeal to the RAD. [4] The appellants' claims were referred to the RPD on February 16, 2010. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) "Douglas Fortney" September 15, 2015 Date 1Balanced Refugee Reform Act, S.C. 2010, c. 8. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB5-02677/78/79