TB5-05966
Because the appellant's refugee claim was referred to the RPD on October 7, 2011, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012, section 36(1) precludes any right of appeal to the RAD and the appeal must be dismissed for lack of jurisdiction.
Source-derived case information.
- Citation
- TB5-05966
- Parties
- Appellant: XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 24 June 2015
- Procedural Posture
- Refugee Appeal / Notice of Appeal Filed; Jurisdictional Assessment
- Outcome
- Dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Retroactivity, Balanced Refugee Reform Act S.36, Referral to RPD
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Appellant
Procedural Posture
Refugee Appeal / Notice of Appeal Filed; Jurisdictional Assessment
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal where the refugee claim was referred to the Refugee Protection Division before August 15, 2012
- 2 Application and effect of section 36 of the Balanced Refugee Reform Act
Ratio Decidendi
Because the appellant's refugee claim was referred to the RPD on October 7, 2011, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012, section 36(1) precludes any right of appeal to the RAD and the appeal must be dismissed for lack of jurisdiction.
Court Disposition
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 : TB5-05966 Private Proceeding / Huis clos Reasons and Decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of Decision June 24, 2015 Date de la décision Panel Edward Bosveld Tribunal Counsel for the person(s) who is(are) the subject of the appeal N/A 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 FOR DECISION [1] On June 11, 2015, 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. [2] The person who is the subject of appeal had his refugee claim referred to the RPD on October 7, 2011. According to the Notice of Appeal, he is appealing a decision of the RPD dated December 19, 2014. [3] On August 15, 2012, Section 36 of the Balanced Refugee Reform Act (BRRA) came into force by an Order in Council, which was published in the Canada Gazette on that date. Subsection 36(1) establishes that, where a refugee claim has been 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 Appellant was referred to the RPD on October 7, 2011, before Section 36 of the BRRA came into force. This appeal is therefore dismissed for lack of jurisdiction. (signed) "Edward Bosveld" Edward Bosveld June 24, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-05966