TB5-07619
Because the refugee claim was referred to the Refugee Protection Division on March 25, 2011, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012, section 36(1) removed any right of appeal to the Refugee Appeal Division and therefore the RAD lacked jurisdiction to hear the...
Source-derived case information.
- Citation
- TB5-07619
- Parties
- Appellant: XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 20 August 2015
- Procedural Posture
- Refugee Appeal / Refugee Appeal Division Decision on Jurisdiction
- Outcome
- Appeals dismissed for lack of jurisdiction.
- Legal Topics
- Refugee Claim, Jurisdiction, Balanced Refugee Reform Act S.36
- 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 XXXXXXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Refugee Appeal Division Decision on Jurisdiction
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear appeals where the refugee claim was referred to the Refugee Protection Division before August 15, 2012 under section 36 of the Balanced Refugee Reform Act
Ratio Decidendi
Because the refugee claim was referred to the Refugee Protection Division on March 25, 2011, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012, section 36(1) removed any right of appeal to the Refugee Appeal Division and therefore the RAD lacked jurisdiction to hear the appeals.
Court Disposition
Appeals dismissed for lack of jurisdiction.
Orders
- The appeals are dismissed for lack of jurisdiction.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : TB5-07619 TB5-07620 TB5-07621 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision August 20, 2015 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Samuel E Plett 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] 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 and XXXX XXXX on July 24, 2015. [2] The persons who are the subject of the appeal (the persons) had their refugee claims referred to the RPD on March 25, 2011. According to the Notice of Appeal, the persons are appealing a decision of the RPD dated May 28, 2015, with written reasons received on June 11, 2015, rejecting their claim for refugee protection. [3] On August 15, 2012, section 36 of the Balanced Refugee Reform Act (BRRA) 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 March 25, 2011 before Section 36 of the BRRA came into force. Therefore, these appeals are dismissed for lack of jurisdiction. (signed) "Deborah Morrish" Deborah Morrish August 20, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-07619 TB5-07620 TB5-07621