TB5-01383
The appeal is dismissed for lack of jurisdiction because s.110(2)(f) of the Immigration and Refugee Protection Act precludes appeals to the Refugee Appeal Division from RPD decisions allowing or rejecting the Minister's application to vacate a decision to allow a claim for refugee protection.
Source-derived case information.
- Citation
- TB5-01383
- Parties
- Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 17 February 2015
- Procedural Posture
- Appeal to Refugee Appeal Division Under IRPA / Decision on Jurisdiction; Appeal Dismissed
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Vacatur of Refugee Protection Decision, Jurisdiction, Statutory Appeal Bar, Section 110(2)(f) IRPA
- 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
Appeal to Refugee Appeal Division Under IRPA / Decision on Jurisdiction; Appeal Dismissed
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal from a Refugee Protection Division decision allowing the Minister's application to vacate a decision to allow a claim for refugee protection under s.110(2)(f) IRPA.
Ratio Decidendi
The appeal is dismissed for lack of jurisdiction because s.110(2)(f) of the Immigration and Refugee Protection Act precludes appeals to the Refugee Appeal Division from RPD decisions allowing or rejecting the Minister's application to vacate a decision to allow a claim for refugee protection.
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 :TB5-01383 Private Proceeding / Huis clos Reasons and decision ? Motifs et decision 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 February 17, 2015 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal N/A 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 an application to vacate a determination in the claim for refugee protection of XXXX XXXX XXXX. [2] The Notice of Appeal was received by the RAD on February 5, 2015. The Notice of Appeal states the date of the RPD decision as September 8, 2014 and the date the RPD reasons were received as November 8, 2014. [3] The RPD's decision allowed the application and stated that the claim for refugee protection of XXXX XXXX XXXX was deemed to be rejected and the decision that led to the conferral of refugee protection was nullified. [4] 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 under s. 110(2)(f) of the amended 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: (f) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister to vacate a decision to allow a claim for refugee protection. [5] Therefore, the appeal is dismissed. (signed) 'Ken Atkinson' Ken Atkinson February 17, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-01383