TB4-03183

TB4-03183

Because the claimant's refugee claim was referred to the RPD on March 23, 2011, prior to the August 15, 2012 amendment to section 36 of the Balanced Refugee Reform Act, subsection 36(1) removes the right of appeal to the RAD and the RAD lacks jurisdiction; therefore the appeal is dismissed.

Citation
TB4-03183
Parties
Appellant: XXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 April 2014
Procedural Posture
Refugee Appeal / Appeal Dismissed for Lack of Jurisdiction
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Jurisdiction, Statutory Interpretation, Temporal Application of Legislation, Right of Appeal
Source Language
English
Immigration Law Refugee Law Administrative Law Jurisdiction Statutory Interpretation Temporal Application of Legislation Right of Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXXX

Appellant

Procedural Posture

Refugee Appeal / Appeal Dismissed for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal where the Refugee Protection Division referral occurred before August 15, 2012
  2. 2 Interpretation and application of section 36 of the Balanced Refugee Reform Act
  3. 3 Effect of the BRRA amendment commencement date on right of appeal

Ratio Decidendi

Because the claimant's refugee claim was referred to the RPD on March 23, 2011, prior to the August 15, 2012 amendment to section 36 of the Balanced Refugee Reform Act, subsection 36(1) removes the right of appeal to the RAD and the RAD lacks jurisdiction; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • Appeal dismissed for lack of jurisdiction.