TB5-03406
The RAD lacks jurisdiction under s.110(2)(d) IRPA to hear appeals from RPD decisions where the claimant came from a designated country (United States) and the claim is eligible under the regulations; the appellant came from the United States and was eligible, so the appeal is barred and must be dismissed.
Source-derived case information.
- Citation
- TB5-03406
- Parties
- Appellant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 13 April 2015
- Procedural Posture
- Refugee Protection Appeal / Appeal to Refugee Appeal Division Against RPD Decision; Appeal Dismissed for Lack of Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction under s.110(2)(d) IRPA.
- Legal Topics
- Jurisdiction, Appealability, Designated Country, Safe Third Country Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Against RPD Decision; Appeal Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal under s.110(2)(d) of the Immigration and Refugee Protection Act
- 2 Whether the claimant's arrival from a designated country (United States) and eligibility under the regulations bars an appeal
Ratio Decidendi
The RAD lacks jurisdiction under s.110(2)(d) IRPA to hear appeals from RPD decisions where the claimant came from a designated country (United States) and the claim is eligible under the regulations; the appellant came from the United States and was eligible, so the appeal is barred and must be dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction under s.110(2)(d) IRPA.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB5-03406 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 Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision April 13, 2015 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Elena (Elnaz) Mazinani Barrister & Solicitor 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 AND 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 Refugee Appeal Division (RAD) on April 7, 2015. The person is appealing a decision of the RPD dated March 15, 2015, with written reasons received on March 27, 2015 rejecting her claim for refugee protection. [3] The appeal is dismissed for lack of jurisdiction because the appeal is in respect of a decision by the Refugee Protection Division for which no appeal may be made under s.110(2)(d) 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: (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 IRPA 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 IRPA, no appeal may be made in respect of the RPD's decision. [5] Therefore, the appeal is dismissed. (signed) 'Ken Atkinson' Ken Atkinson April 13, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-03406