TB4-01637
The RAD dismissed the appeal because s.110(2)(c) IRPA expressly bars appeals from RPD decisions that reject claims as having no credible basis or being manifestly unfounded, thus the RAD lacked jurisdiction to hear the appeal.
Source-derived case information.
- Citation
- TB4-01637
- Parties
- Appellant: XXXX XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 3 March 2014
- Procedural Posture
- Refugee Protection Appeal to the Refugee Appeal Division / Notice of Appeal Filed; Appeal Dismissed for Lack of Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction under s.110(2)(c) IRPA
- Legal Topics
- Jurisdiction, Appealability, Manifestly Unfounded, S.110(2)(c) IRPA
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)
Appellant
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division / Notice of Appeal Filed; Appeal Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal from an RPD decision that rejects a refugee claim as manifestly unfounded under s.110(2)(c) IRPA
- 2 Whether the RPD decision falls within the category of decisions excluded from appeal by statute
Ratio Decidendi
The RAD dismissed the appeal because s.110(2)(c) IRPA expressly bars appeals from RPD decisions that reject claims as having no credible basis or being manifestly unfounded, thus the RAD lacked jurisdiction to hear the appeal.
Court Disposition
Appeal dismissed for lack of jurisdiction under s.110(2)(c) IRPA
Orders
- Appeal dismissed for lack of jurisdiction under s.110(2)(c) of the Immigration and Refugee Protection Act
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB4-01637 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 (a.k.a. XXXX XXXX XXXX) Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of Decision March 3, 2014 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are) the subject of the appeal Calvert Lewin 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 (de la) 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 XXXX XXXX. [2] The Notice of Appeal was received by the RAD on February 17, 2014. The Notice of Appeal states that the date of the RPD decision was January 29, 2014 and the date the person received the decision was February 6, 2014. The RPD rejected the claim for refugee protection. [3] The RPD's decision found that the person's claim was manifestly unfounded. [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)(c) 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: (c) a decision of the Refugee Protection Division rejecting a claim for refugee protection that states that the claim has no credible basis or is manifestly unfounded. [5] Therefore, the appeal is dismissed. (signed) 'Ken Atkinson' Ken Atkinson March 3, 2014 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB4-01637