TB6-04261
The RAD lacks jurisdiction to hear appeals from RPD decisions that explicitly find a claim has no credible basis or is manifestly unfounded because s.110(2)(c) IRPA bars such appeals; therefore the appeals must be dismissed.
Source-derived case information.
- Citation
- TB6-04261
- Parties
- Appellant: XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 6 April 2016
- Procedural Posture
- Refugee Appeal / Appeal to Refugee Appeal Division Dismissed for Lack of Jurisdiction
- Outcome
- Appeals dismissed for lack of jurisdiction under s.110(2)(c) of the Immigration and Refugee Protection Act
- Legal Topics
- Jurisdiction, Appealability, Manifestly Unfounded, Credibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Appellant
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal under s.110(2)(c) of the Immigration and Refugee Protection Act
- 2 Whether a Refugee Protection Division decision rejecting a claim as having no credible basis or as manifestly unfounded is appealable
Ratio Decidendi
The RAD lacks jurisdiction to hear appeals from RPD decisions that explicitly find a claim has no credible basis or is manifestly unfounded because s.110(2)(c) IRPA bars such appeals; therefore the appeals must be dismissed.
Court Disposition
Appeals dismissed for lack of jurisdiction under s.110(2)(c) of the Immigration and Refugee Protection Act
Orders
- Appeals dismissed
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 : TB6-04261 TB6-04262 TB6-04263 TB6-04264 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 XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX 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 April 6, 2016 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Joan Amanfoh Conseil(s) du (de la/des) personne(s) en cause Designated Representative(s) XXXX XXXX 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 claims of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. [2] The Notice of Appeal was received by the RAD on March 23, 2016. The date of the RPD decision was March 4, 2016 and the date the RPD reasons were received is unknown. The RPD decision rejected the claims for refugee protection. [3] The RPD's decision found that the claims . [4] The appeals are dismissed for lack of jurisdiction because the appeals are 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 appeals are dismissed. (signed) "Deborah Morrish" Deborah Morrish April 6, 2016 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB6-04261 TB6-04262 TB6-04263 TB6-04264