VB5-01481
The RAD lacks jurisdiction because s.110(2)(d) of the Immigration and Refugee Protection Act bars appeals of RPD decisions where the claimant came from a designated country (the United States) and the claim is eligible under the regulations; the appellant came from the United States and was eligible, therefore the...
Source-derived case information.
- Citation
- VB5-01481
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 24 June 2015
- Procedural Posture
- Refugee Appeal / Decision Dismissal for Lack of Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Appealability Under S.110(2)(d) of IRPA, Safe Third Country/designated Country Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
XXXX XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Decision Dismissal for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear the appeal under s.110(2)(d) of the Immigration and Refugee Protection Act
- 2 Whether the appellant's claim, having come from a designated country (United States), renders the RPD decision unappealable
Ratio Decidendi
The RAD lacks jurisdiction because s.110(2)(d) of the Immigration and Refugee Protection Act bars appeals of RPD decisions where the claimant came from a designated country (the United States) and the claim is eligible under the regulations; the appellant came from the United States and was eligible, therefore 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
RAD File No. / N° de dossier de la SAR : VB5-01481 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 Appeal considered / heard at Vancouver, BC Appel instruit à Date of decision June 24, 2015 Date de la décision Panel Douglas Fortney Tribunal Counsel for the person(s) who is(are) Patrick Simon Conseil(s) du (de la/des) the subject of the appeal Barrister and Solicitor personne(s) en cause Counsel for the Minister Iulia Todea Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received on May 27, 2015 a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX XXXX XXXX (the "appellant"). [2] According to RAD records, the appellant is appealing the Notice of Decision of the RPD dated April 30, 2015. [3] The appeal is dismissed for lack of jurisdiction because the appeal is in respect of a decision by the RPD for which no appeal may be made under paragraph 110(2)(d) of the Immigration and Refugee Protection Act (the "Act").1 This section states the following: 110(2) No appeal may be made in respect of any of the following: (d) subject to the regulations, a decision of the Refugee Protection Division in respect of a claim for refugee protection if (i) the foreign national who makes the claim came directly or indirectly to Canada from a country that is, on the day on which their claim is made, designated by regulations made under subsection 102(1) and that is a party to an agreement referred to in paragraph 102(2)(d), and (ii) the claim - by virtue of regulations made under paragraph 102(1)(c) - is not ineligible under paragraph 101(1)(e) to be referred to the Refugee Protection Division; [4] The only country that is designated by regulation and party to an agreement under paragraph 102(2)(d) of the Act is the United States. The appellant in this case came directly from the United States but was nonetheless eligible to make a claim by virtue of the regulations. Therefore, under paragraph 110(2)(d) of the Act, no appeal may be made in respect of the RPD's decision. Therefore, this appeal is dismissed. (signed) "Douglas Fortney" Douglas Fortney June 24, 2015 Date 1 Immigration and Refugee Protection Act, S.C. 2001, c. 27. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB5-01481 RAD.25.02 (April 9, 2013)