MB4-02440
The RAD lacks jurisdiction because section 167 of the Economic Action Plan 2013 Act bars appeals to the RAD for claims referred to the RPD between August 14 and December 15, 2012 when the RPD decision takes effect after Royal Assent on June 26, 2013; the RPD decision in this case took effect after that date, so the...
Source-derived case information.
- Citation
- MB4-02440
- Parties
- Appellant: XXXXX XXXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 4 July 2014
- Procedural Posture
- Refugee Protection Appeal / Appeal Received by Rad; Dismissed for Lack of Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Statutory Interpretation, Appeal Bar Under Economic Action Plan 2013 Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Protection Appeal / Appeal Received by Rad; Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the RAD has jurisdiction to hear the appeal given section 167 of the Economic Action Plan 2013 Act
- 2 Whether an RPD decision that took effect after June 26, 2013 bars appeals to the RAD for claims referred between August 14 and December 15, 2012
Ratio Decidendi
The RAD lacks jurisdiction because section 167 of the Economic Action Plan 2013 Act bars appeals to the RAD for claims referred to the RPD between August 14 and December 15, 2012 when the RPD decision takes effect after Royal Assent on June 26, 2013; the RPD decision in this case took effect after that date, so the appeal must be dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : MB4-02440 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person who is the subject of the appeal XXXXX XXXXX Personne en cause Appeal considered / heard at Montréal, Quebec Appel instruit à Date of decision July 4, 2014 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal Me Marin Guzun Conseil du de la personne en cause Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] On June 27, 2014, the Refugee Appeal Division (the "RAD") received a notice of appeal from the decision of the Refugee Protection Division (the "RPD") dated June 9, 2014, in the claim for refugee protection filed by XXXXX XXXXX (the "appellant"). The appellant is deemed to have received the RPD decision and the written reasons on June 16, 2014. [2] The appeal is dismissed for lack of jurisdiction for the following reasons. The refugee protection claim was referred to the RPD on August 28, 2012. The RPD decision took effect on June 9, 2014, in accordance with Rule 68 of the RPD Rules. Pursuant to section 167 of the Economic Action Plan 2013 Act, No. 1, which received Royal Assent on June 26, 2013, a decision made by the RPD 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 RAD if the decision takes effect in accordance with the RPD Rules after June 26, 2013. The RPD decision took effect after June 26, 2013; therefore, the decision is not subject to appeal to the RAD. [3] The appeal is dismissed. Diane Sokolyk Me Diane Sokolyk July 4, 2014 Date IRB Translation Original language: French RAD File No. / N° de dossier de la SAR : MB4-02440 2