TB4-02111
Because the claim was referred to the RPD on October 22, 2012 (within the Aug 14–Dec 15, 2012 window) and the RPD decision took effect on February 13, 2014 (after section 167 came into force on June 26, 2013), section 167 removes RAD jurisdiction over this decision and the appeal must be dismissed.
Source-derived case information.
- Citation
- TB4-02111
- Parties
- Appellant: XXXX XXXXX (a.k.a. XXXXXX XXX); Appellant: XXXX XXXXX (a.k.a. XXXX XXXXX)
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 26 March 2014
- Procedural Posture
- Refugee Appeal / Appeal to Refugee Appeal Division Jurisdictional Determination/dismissal
- Outcome
- Appeal dismissed for lack of jurisdiction.
- Legal Topics
- Appeal Jurisdiction, Statutory Interpretation, Application of Economic Action Plan 2013 Act S.167
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXXX (a.k.a. XXXXXX XXX)
Appellant
XXXX XXXXX (a.k.a. XXXX XXXXX)
Appellant
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division Jurisdictional Determination/dismissal
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal from an RPD decision made under subsection 107(1) of the Immigration and Refugee Protection Act where the claim was referred after August 14, 2012 but before December 15, 2012
- 2 Whether section 167 of the Economic Action Plan 2013 Act removes the right of appeal to the RAD for decisions that take effect after the section came into force
Ratio Decidendi
Because the claim was referred to the RPD on October 22, 2012 (within the Aug 14–Dec 15, 2012 window) and the RPD decision took effect on February 13, 2014 (after section 167 came into force on June 26, 2013), section 167 removes RAD jurisdiction over this decision and the appeal must be dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction.
Orders
- Appeal dismissed for lack of jurisdiction pursuant to section 167 of the Economic Action Plan 2013 Act (No.1), S.C. 2013, c.33.
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 : TB4-02111 TB4-02112 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXXX (a.k.a. XXXXXX XXX) XXXX XXXXX (a.k.a. XXXX XXXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision March 26, 2014 Date de la décision Panel C. Forbes Tribunal Counsel for the person(s) who is(are)the subject of the appeal Harvey Naiman 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 XXXXX and XXXX XXX on March 3, 2014. [2] The persons who are the subject of the appeal ("the persons") had their refugee claims referred to the RPD on October 22, 2012. According to the Notice of Appeal, the persons are appealing a decision of the RPD dated February 13, 2014 with written reasons received on February 18, 2014, 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 RPD from which no appeal may be made to the RAD in accordance with the Economic Action Plan 2013 Act, ("Act") No.1, S.C. 2013, c.33. Section 167 of the Act, which states the following: 167. A decision made by the Refugee Protection Division under subsection 107(1) of the Immigration and Refugee Protection Act in respect of a claim for refugee protection that was referred to that Division after August 14, 2012 but before December 15, 2012 is not subject to appeal to the Refugee Appeal Division if the decision takes effect in accordance with the Refugee Protection Division Rules after the day on which this section comes into force. [4] This section of the Act came into force on June 26, 2013. [5] The decision in this matter took effect on February 13, 2014. The decision cannot be appealed to the RAD. (signed) "C. Forbes" C. Forbes March 26, 2014 Date RAD.25.02 (February 7, 2014) Disponible en français RAD File No. / N° de dossier de la SAR : TB4-02111 TB4-02112