VB4-02821
The appeal is dismissed for lack of jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act precludes a right of appeal to the RAD given the relevant referral date of the claim.
Source-derived case information.
- Citation
- VB4-02821
- Parties
- Appellant: XXXX XXXX XXXX XXXX XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 1 October 2014
- Procedural Posture
- Refugee Appeal / Appeal to Refugee Appeal Division; Jurisdictional Dismissal
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Appeal Rights, Transitional Provisions of Refugee Reform
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX XXXX XXXX
Appellant
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division; Jurisdictional Dismissal
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal where subsection 36(1) of the Balanced Refugee Reform Act applies and given the date the claim was referred to the Refugee Protection Division
Ratio Decidendi
The appeal is dismissed for lack of jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act precludes a right of appeal to the RAD given the relevant referral date of the claim.
Court Disposition
Appeal dismissed for lack of jurisdiction
Orders
- Appeal dismissed for lack of jurisdiction.
Full Case Text
Judgment text and source record
1 paragraphs
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 : VB4-02821 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX XXXX XXXX XXXX XXXX Personne(s) en cause the subject of the appeal . Appeal considered / heard at Vancouver, BC Appel instruit à Date of decision October 1, 2014 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 of the appeal personne(s) en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received on September 22, 2014 a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX XXXX XXXX XXXX XXXX (the "appellant"). The appellant is a national of Mexico. [2] According to RAD records, the appellant is appealing the Notice of Decision of the RPD dated August 26, 2014. [3] On August 15, 2012, section 36 of the Balanced Refugee Reform Act1 came into force by Order in Council which was published in the Canada Gazette on that date. Subsection 36(1) establishes, where a refugee claim is referred to the RPD before August 15, 2012, there is no right of appeal to the RAD. [4] The claim of the appellant was referred to the RPD on August 29, 2012. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) "Douglas Fortney" Douglas Fortne October 1, 2014 Date 1 Balanced Refugee Reform Act, S.C. 2010, c. 8. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB4-02821