MB3-01410

MB3-01410

Because the claim was referred to the Refugee Protection Division on December 29, 2010, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012, subsection 36(1) bars appeals to the Refugee Appeal Division and the appeal must be dismissed for lack of jurisdiction.

Citation
MB3-01410
Parties
Appellant: xxxxx
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 May 2013
Procedural Posture
Refugee Protection Appeal / Appeal to the Refugee Appeal Division Jurisdictional Determination
Outcome
Appeal dismissed for lack of jurisdiction.
Legal Topics
Jurisdiction, Statutory Interpretation, Transitional Provisions
Source Language
English
Immigration Law Refugee Law Administrative Law Jurisdiction Statutory Interpretation Transitional Provisions

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Parties

xxxxx

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to the Refugee Appeal Division Jurisdictional Determination

Legal Issues

  1. 1 Whether the Refugee Appeal Division has jurisdiction under section 36 of the Balanced Refugee Reform Act to hear this appeal
  2. 2 Whether a claim referred to the Refugee Protection Division before August 15, 2012 is appealable to the RAD after section 36 came into force

Ratio Decidendi

Because the claim was referred to the Refugee Protection Division on December 29, 2010, which is before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012, subsection 36(1) bars appeals to the Refugee Appeal Division and the appeal must be dismissed for lack of jurisdiction.

Court Disposition

Appeal dismissed for lack of jurisdiction.

Orders

  • Appeal dismissed for lack of jurisdiction.