VB6-00952

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. / No de dossier de la SAR : VB6-00952/00953 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(s) of the appeal XXXX XXXX XXXX Appeal considered / heard at Vancouver, B.C. Appel instruit à Date of decision May 12, 2016 Date de la décision Panel Douglas Fortney Tribunal Counsel for the person(s) who is(are) N/A Conseil(s) du (de la/des) the subject(s) of the appeal personne(s) en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister Iulia Todea Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (RAD) received a notice of appeal regarding a decision rendered by the Refugee Protection Division (RPD) in the claim for refugee protection filed by XXXX XXXX XXXX XXXX and Suzie XXXX XXXX (the appellants). [2] The RAD received the notice of appeal on March 30, 2016. The persons who are the subjects of the appeal are appealing the RPD decision dated March 10, 2016, rejecting the claims for refugee protection. The written reasons for this decision are deemed to have been received on March 15, 2016. [3] The appeal is dismissed for lack of jurisdiction because the appeal deals with an RPD decision that is not subject to appeal, pursuant to subparagraph 110(2)(d)(i) of the amended Immigration and Refugee Protection Act (IRPA),1 which reads as follows: 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] On the day on which the claim for refugee protection was made, the United States was a country designated by regulations and a party to an agreement referred to in paragraph 102(2)(d). The appellants in this case arrived directly from the United States, but their claim for refugee protection was nevertheless eligible to be referred under the Immigration and Refugee Protection Regulations. Therefore, in accordance with subparagraph 110(2)(d)(i) of the IRPA, the RPD decision may not be appealed to the RAD. [5] The appeal is therefore dismissed. (signed) "Douglas Fortney" Douglas Fortney May 12, 2016 Date IRB translation Original language: French 1 Immigration and Refugee Protection Act, (S.C. 2001, c. 27). --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / No de dossier de la SAR : VB6-00952/00953