TB4-12520

TB4-12520

The claim was referred to the RPD on August 9, 2011, which is before the BRRA amendment date of August 15, 2012; subsection 36(1) therefore removes the right of appeal to the RAD for that claim, so the RAD lacks jurisdiction and the appeal must be dismissed.

Citation
TB4-12520
Parties
Appellant: XXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 January 2015
Procedural Posture
Refugee Appeal / Appeal Heard by Refugee Appeal Division Jurisdictional Determination
Outcome
Appeal dismissed for lack of jurisdiction.
Legal Topics
Jurisdiction, Appeal Rights, Balanced Refugee Reform Act S.36, Transitional Provisions
Source Language
English
Immigration Law Refugee Law Administrative Law Jurisdiction Appeal Rights Balanced Refugee Reform Act S.36 Transitional Provisions

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Parties

XXXXX

Appellant

Procedural Posture

Refugee Appeal / Appeal Heard by Refugee Appeal Division Jurisdictional Determination

Legal Issues

  1. 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal where the refugee claim was referred to the RPD before August 15, 2012
  2. 2 Effect of subsection 36(1) of the Balanced Refugee Reform Act on appeal rights for claims referred before the amendment date

Ratio Decidendi

The claim was referred to the RPD on August 9, 2011, which is before the BRRA amendment date of August 15, 2012; subsection 36(1) therefore removes the right of appeal to the RAD for that claim, so the RAD lacks jurisdiction and the appeal must be dismissed.

Court Disposition

Appeal dismissed for lack of jurisdiction.

Orders

  • Appeal dismissed for lack of jurisdiction under subsection 36(1) of the Balanced Refugee Reform Act.