TB5-09587

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 : TB5-09587 TB5-09588 TB5-09589 TB5-09590 TB5-09591 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision December 18, 2015 Date de la décision Panel Deborah Morrish Tribunal Counsel for the person(s) who is(are)the subject of the appeal Steve W. Rosenbaum 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 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 XXXX XXXX XXXX ("the persons"). [2] The Notice of Appeal was received by the Refugee Appeal Division (RAD) on September 15, 2015. The persons are appealing a decision of the RPD dated September 10, 2015 with written reasons deemed to be received on September 17, 2015 rejecting their claims for refugee protection. [3] The appeal is dismissed for lack of jurisdiction because the appeal is in respect of a decision by the Refugee Protection Division for which no appeal may be made under s.110(2)(d) 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: (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 only country that is designated by regulation and party to an agreement under paragraph 102(2)(d) of the IRPA is the United States of America (USA). The appellants in this case came directly from the USA but were nonetheless eligible to make a claim by virtue of the regulations. Therefore, under paragraph 110(2)(d) of the IRPA, no appeal may be made in respect of the RPD's decision. [5] Therefore, the appeal is dismissed for lack of jurisdiction. (signed) "Deborah Morrish" Deborah Morrish December 18, 2015 Date RAD.25.02 (June 23, 2014) RAD File No. / N° de dossier de la SAR : TB5-09587 TB5-09588 TB5-09589 TB5-09590 TB5-09591