MB8-03149

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 : MB8-03149/ MB8-03150/ MB8-03151 Private Proceeding / Huis clos Reasons and Decision - Motifs et décision Appellant(s) XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX Appelant(e)(s) Appeal Considered / Heard at Montréal, Quebec Appel instruit à Date of Decision February 12, 2018 Date de la décision Panel Normand Leduc Tribunal Counsel for the Appellant(s) Me Guy Nephtali Conseil(s) du (de la/des) Appelant(e)(s) Designated Representative(s) XXXX XXXX Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du (de la) Ministre REASONS AND DECISION [1] The Refugee Appeal Division (RAD) received a Notice of Appeal on February 5, 2018, regarding the decision of the Refugee Protection Division (RPD) concerning the refugee protection claim of XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX. [2] The persons who are the subjects of the appeal are appealing against the decision of the RPD dated January 26, 2018, in which the written reasons declaring the rejection of the refugee protection claim are presumed to have been received by the claimants on February 2, 2018. [3] The appeal is dismissed for lack of jurisdiction because it concerns a decision of the RPD for which there is no right of appeal under paragraph 110(2)(d) of the amended version of the Immigration and Refugee Protection Act (IRPA), which states 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 (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. [4] The United States was a country designated by regulations on the day on which the refugee protection claim was made and party to an agreement referred to in paragraph 102(2)(d). [5] In this case, the persons who are the subjects of the appeal arrived directly from the United States, but their refugee protection claim was nevertheless eligible according to the Immigration and Refugee Protection Regulations. Furthermore, pursuant to paragraph 110(2)(d) of the IRPA, the decision of the RPD may not be appealed to the RAD. [6] The appeal is dismissed. Normand Leduc Normand Leduc February 12, 2018 Date IRB translation Original language: French 2 RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : MB8-03149/ MB8-03150/ MB8-03151 2