MB3-02911
Because the claim was referred to the RPD on April 24, 2012, before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012, subsection 36(1) excludes the decision from appeal to the Refugee Appeal Division; RAD therefore lacks jurisdiction and the appeal is dismissed.
Source-derived case information.
- Citation
- MB3-02911
- Parties
- Appellant: XXXXX XXXXX XXXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 26 August 2013
- Procedural Posture
- Refugee Protection Appeal / Appeal to Refugee Appeal Division Dismissed for Lack of Jurisdiction
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Appealability, Referral of Claim, Statutory Commencement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX XXXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal where the claim was referred to the Refugee Protection Division before section 36 of the Balanced Refugee Reform Act came into force
- 2 Whether a claim referred to the RPD on April 24, 2012 is excluded from appeal under subsection 36(1) of the Balanced Refugee Reform Act
Ratio Decidendi
Because the claim was referred to the RPD on April 24, 2012, before section 36 of the Balanced Refugee Reform Act came into force on August 15, 2012, subsection 36(1) excludes the decision from appeal to the Refugee Appeal Division; RAD therefore lacks jurisdiction and the appeal is dismissed.
Court Disposition
Appeal dismissed for lack of jurisdiction
Orders
- The appeal is dismissed for lack of jurisdiction.
Full Case Text
Judgment text and source record
1 paragraphs
RAD File No. / N° de dossier de la SAR : MB3-02911 Private Proceeding / Huis clos Reasons and Decision - Motifs et décision Appellant(s) Appelant(s) XXXXX XXXXX XXXXX Appeal considered/heard at Appel instruit à Montréal, Quebec Date of Decision Date de la décision August 26, 2013 Panel Tribunal Me Diane Sokolyk Appelant's Counsel Conseil de l'appelant (des appelants) Me Réginald Victorin Designated Representative(s) Représentant(e)(s) désigné(e)(s) N/A Counsel for the Minister Conseil du (de la) ministre N/A REASONS FOR DECISION [1] On August 14, 2013, the Refugee Appeal Division received a notice of appeal regarding the decision of the Refugee Protection Division (RPD) in the claim for refugee protection made by XXXXX XXXXX XXXXX (the appellant). The notice of appeal indicates that the appellant received the RPD decision on August 5, 2013. [2] The appeal is dismissed for lack of jurisdiction because the appeal concerns a claim for refugee protection that was referred to the RPD before the coming into force of section 36 of the Balanced Refugee Reform Act. In accordance with an order in council published on August 15, 2012, in the Canada Gazette, section 36 of the Balanced Refugee Reform Act came into effect on the same day. Under subsection 36(1), RPD decisions in claims for refugee protection referred before August 15, 2012, are not subject to appeal before the Refugee Appeal Division. The claim for refugee protection had been referred to the RPD on April 24, 2012; therefore, the decision is not subject to an appeal before the Refugee Appeal Division. [3] The appeal is dismissed. Diane Sokolyk Me Diane Sokolyk August 26, 2013 Date IRB translation Original language: French REFUGEE APPEAL DIVISION / CLAIMANT'S APPEAL / REFERRAL OF CLAIM / DATE / LACK OF JURISDICTION / MALE / DISMISSED / CAMEROON 2 RAD File No. / N° de dossier de la SAR : MB3-02911