TB4-08877
The appeal was dismissed for lack of jurisdiction because the refugee claims were referred to the RPD on May 1, 2012, which is before the August 15, 2012 effective date of the BRRA amendment; subsection 36(1) therefore removed the right of appeal to the RAD.
Source-derived case information.
- Citation
- TB4-08877
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Appellant: XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX); Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 6 October 2014
- Procedural Posture
- Refugee Protection Appeal / Appeal Decision on Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Jurisdiction, Appeal Rights, Balanced Refugee Reform Act S.36, Referral Date
- 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 (a.k.a. XXXX XXXX XXXX)
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Protection Appeal / Appeal Decision on Jurisdiction
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear appeals where the refugee claim was referred to the Refugee Protection Division before August 15, 2012
- 2 Application and effect of subsection 36(1) of the Balanced Refugee Reform Act
Ratio Decidendi
The appeal was dismissed for lack of jurisdiction because the refugee claims were referred to the RPD on May 1, 2012, which is before the August 15, 2012 effective date of the BRRA amendment; subsection 36(1) therefore removed the right of appeal to the RAD.
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 : TB4-08877 TB4-08878 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX) Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision October 6, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Camilla Jones 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 XXXXand XXXX XXXX XXXX, on September 22, 2014. [2] The persons, who are the subjects of the appeal ("the persons"), had their refugee claims referred to the RPD on May 1, 2012. According to the Notice of Appeal, the persons are appealing a decision of the RPD dated August 14, 2014, rejecting their claims for refugee protection. [3] On August 15, 2012, section 36 of the Balanced Refugee Reform Act (BRRA) was amended and the amendment 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 Refugee Protection Division before August 15, 2012, there is no right of appeal to the Refugee Appeal Division. [4] The refugee claims of the persons were referred to the RPD on May 1, 2012. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) 'Ken Atkinson' Ken Atkinson October 6, 2014 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB4-08877 TB4-08878