MB4-02457
The RAD lacks jurisdiction because the claimant's file was referred to the RPD on December 4, 2012 and the RPD decision took effect on June 13, 2014, which is after June 26, 2013; section 167 of the Economic Action Plan 2013 Act, No. 1 expressly bars appeals to the RAD in these circumstances.
Source-derived case information.
- Citation
- MB4-02457
- Parties
- Appellant: XXXXX XXXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 8 July 2014
- Procedural Posture
- Refugee Protection Appeal to the Refugee Appeal Division / Initial Appeal — Jurisdictional Determination and Dismissal
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Statutory Bar to Appeal, Timing of Decisions
- 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 to the Refugee Appeal Division / Initial Appeal — Jurisdictional Determination and Dismissal
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal where the RPD decision took effect after June 26, 2013 for a claim referred to the RPD between August 14, 2012 and December 15, 2012
- 2 Whether section 167 of the Economic Action Plan 2013 Act, No. 1 bars appeals to the RAD in these circumstances
Ratio Decidendi
The RAD lacks jurisdiction because the claimant's file was referred to the RPD on December 4, 2012 and the RPD decision took effect on June 13, 2014, which is after June 26, 2013; section 167 of the Economic Action Plan 2013 Act, No. 1 expressly bars appeals to the RAD in these circumstances.
Court Disposition
Appeal dismissed for lack of jurisdiction
Orders
- Appeal dismissed for lack of jurisdiction.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : MB4-02457 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 8, 2014 Date de la décision Panel Me Diane Sokolyk Tribunal Counsel for the person who is the subject of the appeal Me Vincent Desbiens Conseil de la personne en cause Designated representative N/A Représentant désigné 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 13, 2014, in the refugee protection claim filed by XXXXX XXXXX (the "appellant"). The appellant is deemed to have received the RPD decision and written reasons on June 20, 2014. [2] The appeal is dismissed for lack of jurisdiction for the following reasons. The refugee protection claim was referred to the RPD on December 4, 2012. The RPD decision took effect on June 13, 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 13, 2013; therefore, the decision is not subject to appeal to the RAD. [3] The appeal is dismissed. Diane Sokolyk Me Diane Sokolyk July 8, 2014 Date IRB Translation Original language: French N° de dossier de la SAR / RAD File No.:MB4-02457 RAD.25.02 (February 7, 2014) Disponible en français RAD File No. / N° de dossier de la SAR : MB4-02457 2