VB4-02108
Because Mexico was a country designated under IRPA s.109.1(1) on the date of the RPD decision, s.110(2)(d.1) barred any appeal to the RAD; accordingly the RAD lacked jurisdiction and the appeal was dismissed.
Source-derived case information.
- Citation
- VB4-02108
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration; Panel: Douglas Fortney
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 21 July 2014
- Procedural Posture
- Refugee Appeal Division Appeal / Decision on Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Designation of Countries, Appealability, Jurisdiction, IRPA S.109.1(1), IRPA S.110(2)(d.1)
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX
Appellant
XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Douglas Fortney
Panel
Procedural Posture
Refugee Appeal Division Appeal / Decision on Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear appeals from nationals of a country designated under IRPA s.109.1(1) (s.110(2)(d.1))
- 2 Whether Mexico was a designated country on the date of the RPD decision
Ratio Decidendi
Because Mexico was a country designated under IRPA s.109.1(1) on the date of the RPD decision, s.110(2)(d.1) barred any appeal to the RAD; accordingly the RAD lacked jurisdiction and the appeal was dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction.
Orders
- Appeal dismissed for lack of jurisdiction pursuant to IRPA s.110(2)(d.1).
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 : VB4-02108 / 09 / 10 / 11 / 12 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 XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX Appeal considered / heard at Vancouver, BC Appel instruit à Date of decision July 21, 2014 Date de la décision Panel Douglas Fortney Tribunal Counsel for the person(s) who is(are) Fiona Begg Conseil(s) du (de la/des) the subject of the appeal Barrister and Solicitor personne(s) en cause Designated representative XXXX XXXX XXXX XXXX XXXX Représentant(e) désigné(e) XXXX XXXX XXXX XXXX XXXX Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] 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 XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX(the "appellants"), nationals of Mexico, on July 15, 2014. The Notice of Appeal indicated that the RPD Notice of Decision was dated June 26, 2014 and that the appellant received the RPD reasons on June 30, 2014. [2] Subsection 109.1(1) of the Immigration and Refugee Protection Act ("IRPA")1 provides that the Minister may, by order, designate a country for the purposes of subsection 110(2) of IRPA. Subsection 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 subsection 109.1(1). [3] The appellants are citizens of Mexico. The Minister has, by order effective February 15, 2013, designated Mexico under subsection 109.1(1) of IRPA. According to the appellants' Notice of Appeal filed to the RAD, their claims were rejected by the RPD by a Notice of Decision dated June 26, 2014. On the date of that decision, Mexico was a country designated under subsection 109.1(1), and under subsection 110(2)(d.1), no appeal of that decision may be made to the RAD. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) "Douglas Fortney" Douglas Fortney July 21, 2014 Date 1 Immigration and Refugee Protection Act, S.C. 2001, c. 27. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB4-02108 / 09 / 10 / 11 / 12 )