TB5-00962
The RAD dismissed the appeal because s.110(2)(c) of the Immigration and Refugee Protection Act removes RAD jurisdiction to hear appeals from RPD decisions that state a claim has no credible basis or is manifestly unfounded.
Source-derived case information.
- Citation
- TB5-00962
- Parties
- Appellant: XXXX XXXX XXXX XXXXXXXX a.k.a. XXXX XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 3 February 2015
- Procedural Posture
- Refugee Appeal / Appeal Dismissed for Lack of Jurisdiction
- Outcome
- appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Manifestly Unfounded, S.110(2)(c) IRPA, Refusal of Refugee Claim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXXXXXX a.k.a. XXXX XXXX XXXX
Appellant
Procedural Posture
Refugee Appeal / Appeal Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD had jurisdiction to hear an appeal under s.110(2)(c) of the IRPA
- 2 Whether the RPD decision was characterized as having no credible basis or as manifestly unfounded, thereby barring appeal
Ratio Decidendi
The RAD dismissed the appeal because s.110(2)(c) of the Immigration and Refugee Protection Act removes RAD jurisdiction to hear appeals from RPD decisions that state a claim has no credible basis or is manifestly unfounded.
Court Disposition
appeal dismissed for lack of jurisdiction
Orders
- Appeal dismissed for lack of jurisdiction under s.110(2)(c) IRPA.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR :TB5-00962 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXXXXXXa.k.a. XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision February 3, 2015 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Patricia Ritter Conseil(s) du (de la/des) personne(s) en cause Barrister and Solicitor 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 the claim of XXXX XXXX XXXX XXXX [2] The Notice of Appeal was received by the RAD on January 26, 2015. The Notice of Appeal states the date of the RPD decision as January 5, 2015 and the date the RPD reasons were received as January10, 2015. The RPD decision rejected the claim for refugee protection. [3] The RPD's decision found that the claim . [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 February 3, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-00962