TB4-00098

RAD File No. / N° de dossier de la SAR : TB4-00098 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXXX XXXX XXXXXX Personne(s) en cause Appeal considered / heard at Toronto, Ontario Appel instruit à Date of decision January 30, 2014 Date de la décision Panel Edward Bosveld Tribunal Counsel for the person(s) who is(are)the subject of the appeal Djawid A. Taheri 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 FOR DECISION [1] XXXXX XXXXX XXXXXXX (the Appellant) appeals a decision of the Refugee Protection Division (RPD) rejecting her claim for refugee protection. The claim was denied by the RPD by a Notice of Decision dated December 4, 2013, which was received by the Appellant on December 19, 2013. [2] On January 8, 2014, the RAD wrote to counsel for the Minister of Citizenship and Immigration Canada, with a copy to the Appellant's counsel, to inquire whether the Appellant was designated as an exception as described in Section 110(2)(d) of the Immigration and Refugee Protection Act (IRPA). [3] Section 110(2)(d) of IRPA provides that: 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 o (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). [5] Counsel for the Minister responded to the RAD by letter of January 8, 2014, copied to the Appellant's counsel. The Minster submitted that the Appellant came to Canada from the USA but was designated as an exception to the Safe Third Country Agreement on the basis that she has a family member in Canada. The Minister also provided a copy of notes taken by an immigration officer in respect to the Appellant's travel history and designation as an exception under Section 110(2)(d). [6] The Appellant has made no submissions in response to the information provided by the Minister. [7] The Appellant here came directly from the United States but was nonetheless eligible to make a claim by virtue of the Regulations. Therefore, under paragraph 110(2)(d) of IRPA, no appeal may be made in respect of the RPD's decision. [8] This appeal is dismissed for lack of jurisdiction. (signed) "Edward Bosveld" Edward Bosveld January 30, 2014 Date RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : TB4-00098