MB4-01779

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 : MB4-01779 MB4-01780 MB4-01781 MB4-01782 Private Proceeding / Huis clos Reasons and decision ? Motifs et decision Persons who are the subject of the appeal XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX Personnes en cause Appeal considered / heard at Montréal, Québec Appel instruit à Date of decision May 15, 2014 Date de la décision Panel Me Alain Bissonnette Tribunal Counsel for the persons who are the subject of the appeal Raed Mahko Conseil des personnes en cause Designated representative N/A Représentant désigné 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 claims of XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX. [2] According to the Notice of Appeal, the claimants want to appeal a decision of the RPD dated April 30, 2014, with written reasons received on May 6, 2014, rejecting their claims for refugee protection. [3] The RAD does not have jurisdiction to hear an appeal of a decision of the RPD that fits within s. 110(2)(d) of the Immigration and Refugee Protection Act (IRPA). 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] On the day the RPD claim was made, the United States of America (USA) was and continues to be a country designated by regulation and party to an agreement referred to under paragraph 102(2)(d) of the IRPA. According to the administrative record of the RAD, the claimants in this case came directly from the USA but were nonetheless eligible to make a claim to the RPD by virtue of the Immigration and Refugee Protection Regulations. [5] Given this situation, according to paragraph 110(2)(d) of the IRPA, no appeal may be made in respect of the decision made by the RPD. In other words, because to reach Canada the claimants have transited the USA, which is a safe country, they do not have a right to appeal to the RAD the decision made in their claims by the RPD. [6] For these reasons, the appeal is dismissed for lack of jurisdiction. Alain Bissonnette Me Alain Bissonnette May 15, 2014 Date /sb 2 RAD.25.02 (February 7, 2014) Available in English N° de dossier de la SAR/RAD File No.: MB4-01779; MB4-01780; MB4-01781; MB4-01782