TB4-07079
The appeal was dismissed because section 167 of the Economic Action Plan 2013 Act No.1 bars RAD appeals of RPD decisions in respect of claims referred between August 14, 2012 and December 15, 2012, and the present claim was referred on September 11, 2012; thus the RAD lacked jurisdiction.
Source-derived case information.
- Citation
- TB4-07079
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 10 September 2014
- Procedural Posture
- Refugee Appeal / Appeal to the Refugee Appeal Division Following an RPD Decision
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Statutory Interpretation, Appealability, Refugee Protection Division Decisions, Economic Action Plan 2013 Act
- 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 / Appeal to the Refugee Appeal Division Following an RPD Decision
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal of an RPD decision made under subsection 107(1) of the Immigration and Refugee Protection Act for claims referred after August 14, 2012 but before December 15, 2012
- 2 Whether section 167 of the Economic Action Plan 2013 Act No.1 bars appeals to the RAD in this case
Ratio Decidendi
The appeal was dismissed because section 167 of the Economic Action Plan 2013 Act No.1 bars RAD appeals of RPD decisions in respect of claims referred between August 14, 2012 and December 15, 2012, and the present claim was referred on September 11, 2012; thus the RAD lacked jurisdiction.
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
RAD File No. / N° de dossier de la SAR :TB4-07079 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 September 10, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Karan Zomorodi 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 on August 5, 2014. [2] The person who is the subject of the appeal ('the person') had her refugee claim referred to the RPD on September 11, 2012. According to the Notice of Appeal, the person is appealing a decision of the RPD dated June 19, 2014, with written reasons received on July 16, 2014, rejecting her claim for refugee protection. RAD records show that the date of the decision was June 19, 2014. [3] 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. Section 167 of the Act 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. [4] The section of the Act came into force on June 26, 2013. [5] Therefore, this matter is dismissed for lack of jurisdiction. 'Ken Atkinson' Ken Atkinson September 10, 2014 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB4-07079