TB6-06682
The RAD has no jurisdiction to hear appeals from RPD decisions that state the claim has no credible basis or is manifestly unfounded under s.110(2)(c) IRPA; therefore the appeals must be dismissed.
Source-derived case information.
- Citation
- TB6-06682
- Parties
- Appellant: XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 24 May 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) IRPA
- Legal Topics
- Jurisdiction, Appealability, Manifestly Unfounded, Credible Basis
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX
Appellant
XXXX XXXX
Designated Representative
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division — Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear appeals from RPD decisions that state the claim has no credible basis or is manifestly unfounded
- 2 Whether s.110(2)(c) of the Immigration and Refugee Protection Act bars the appeal
Ratio Decidendi
The RAD has no jurisdiction to hear appeals from RPD decisions that state the claim has no credible basis or is manifestly unfounded under s.110(2)(c) IRPA; therefore the appeals must be dismissed.
Court Disposition
Appeals dismissed for lack of jurisdiction under s.110(2)(c) IRPA
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 : TB6-06682 TB6-06683 TB6-06684 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 XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision May 24, 2016 Date de la décision Panel Luis F. Agostinho Tribunal Counsel for the person(s) who is(are)the subject of the appeal Johnson Babalola Barrister and Solicitor 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 XXXXand XXXX XXXX. [2] The Notice of Appeal was received by the RAD on May 19, 2016. The Notice of Appeal states the date of the RPD decision as May 05, 2016 and the date the RPD reasons were received as May 12, 2016. 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) "Luis Agostinho" Luis Agostinho May 24, 2016 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB6-06682 TB6-06683 TB6-06684