TB4-00416
Because the appellant came directly from the United States, the only country designated under the relevant regulations, s.110(2)(d) of the IRPA bars an appeal to the RAD and the RAD therefore lacks jurisdiction to hear the appeal, requiring dismissal.
Source-derived case information.
- Citation
- TB4-00416
- Parties
- Appellant: XXXX XXXX XXXXXXX; Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 21 March 2014
- Procedural Posture
- Refugee Appeal / Decision on Jurisdiction by Refugee Appeal Division
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Jurisdiction, Appealability, Designated Country, Immigration and Refugee Protection Act S.110(2)(d)
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXXXXX
Appellant
Minister
Respondent
Procedural Posture
Refugee Appeal / Decision on Jurisdiction by Refugee Appeal Division
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal under s.110(2)(d) of the IRPA when the claimant came from a designated country
- 2 Whether arrival from the United States precludes an appeal despite regulatory eligibility to make a claim
Ratio Decidendi
Because the appellant came directly from the United States, the only country designated under the relevant regulations, s.110(2)(d) of the IRPA bars an appeal to the RAD and the RAD therefore lacks jurisdiction to hear the appeal, requiring dismissal.
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 : TB4-00416 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXXX XXXX XXXXXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision March 21, 2014 Date de la décision Panel C. Forbes Tribunal Counsel for the person(s) who is(are)the subject of the appeal Elyse Korman 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] XXXX XXXXX XXXXXXX (the Appellant) appeals a decision of the Refugee Protection Division (RPD) rejecting his claim for refugee protection. His claim was heard by the RPD on November 15, 2013 and denied with a Notice of Decision on December 2, 2013. His Notice of Appeal was received by the Refugee Appeal Division (RAD) on December 17, 2013. [2] Section 110(2)(d) of the Immigration and Refugee Protection Act (IRPA) provides that: 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 o (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; [3] The only country that is designated by regulation and party to an agreement under paragraph 102(2)(d) of the 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 the IRPA, no appeal may be made in respect of the RPD's decision. [4] This appeal is dismissed for lack of jurisdiction. (signed) "C. Forbes" C. Forbes March 21, 2014 Date RAD.25.02 (February 7, 2014) Disponible en français RAD File No. / N° de dossier de la SAR : TB4-00416