TB5-01656
The claim was referred to the RPD on July 18, 2012, which is before August 15, 2012; subsection 36(1) of the BRRA removes the right of appeal to the RAD for such referrals, therefore the RAD lacks jurisdiction and the appeal must be dismissed.
Source-derived case information.
- Citation
- TB5-01656
- Parties
- Appellant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX a.k.a. XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX a.k.a. XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 18 February 2015
- Procedural Posture
- Refugee Appeal to Refugee Appeal Division / Jurisdictional Decision on Appealability Under BRRA S.36
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Refugee Appeal, Jurisdiction, Balanced Refugee Reform Act S.36
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX a.k.a. XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX a.k.a. XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Jurisdictional Decision on Appealability Under BRRA S.36
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal where the refugee claim was referred to the RPD before August 15, 2012
- 2 Effect of subsection 36(1) of the Balanced Refugee Reform Act on right of appeal
Ratio Decidendi
The claim was referred to the RPD on July 18, 2012, which is before August 15, 2012; subsection 36(1) of the BRRA removes the right of appeal to the RAD for such referrals, therefore the RAD lacks jurisdiction and the appeal must be dismissed.
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
RAD File No. / N° de dossier de la SAR : TB5-01656 TB5-01657 TB5-01658 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXXa.k.a.XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXXa.k.aXXXX XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision February 18, 2015 Date de la décision Panel Ken Atkinson Tribunal Counsel for the person(s) who is(are)the subject of the appeal Joseph S Farkas Conseil(s) du (de la/des) personne(s) en cause Barrister and Solicitor Designated Representative(s) XXXX XXXX XXXX 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 claims of XXXX XXXX XXXX XXXX XXXX XXXX XXXXand XXXX XXXX XXXX XXXX on February 13, 2015. [2] The persons who are the subjects of the appeal ("the person") had their refugee claims referred to the RPD on July 18, 2012. The Notice of Appeal shows the date of the notice of decision as January 23, 2015 and the date the RPD reasons were received as January 30, 2015. The RAD records show that the decision of the RPD is dated January 23, 2015, rejecting the claims for refugee protection. [3] On August 15, 2012, section 36 of the Balanced Refugee Reform Act (BRRA) was amended and the amendment came into force by Order in Council which was published in the Canada Gazette on that date. Subsection 36(1) establishes that, where a refugee claim is referred to the Refugee Protection Division before August 15, 2012, there is no right of appeal to the Refugee Appeal Division. [4] The refugee claim of the person was referred to the RPD on July 18, 2012. Therefore, this appeal is dismissed for lack of jurisdiction. (signed) 'Ken Atkinson' Ken Atkinson February 18, 2015 Date RAD.25.02 (April 9, 2013) RAD File No. / N° de dossier de la SAR : TB5-01656 TB5-01657 TB5-01658