MB3-03174
The RAD lacks jurisdiction because section 167 of the Economic Action Plan 2013 Act, No. 1 removes appeals to the RAD for RPD decisions made under subsection 107(1) of the IRPA in respect of claims referred after August 14, 2012 where the RPD decision took effect after June 26, 2013.
Source-derived case information.
- Citation
- MB3-03174
- Parties
- Appellant: XXXXX XXXXX XXXXX; Designated Representative: XXXXX XXXXX XXXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 19 November 2013
- Procedural Posture
- Refugee Protection Appeal / Appeal to Refugee Appeal Division Dismissed for Lack of Jurisdiction
- Outcome
- Dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Appealability, Statutory Amendment, RPD Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX XXXXX
Appellant
XXXXX XXXXX XXXXX
Designated Representative
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 RAD had jurisdiction to hear the appeal
- 2 Effect of section 167 of the Economic Action Plan 2013 Act on appeals to the RAD
- 3 Application of RPD Rules regarding the date a decision takes effect
Ratio Decidendi
The RAD lacks jurisdiction because section 167 of the Economic Action Plan 2013 Act, No. 1 removes appeals to the RAD for RPD decisions made under subsection 107(1) of the IRPA in respect of claims referred after August 14, 2012 where the RPD decision took effect after June 26, 2013.
Court Disposition
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 : MB3-03174 et MB3-03175 Private Proceeding / Huis clos Reasons and Decision - Motifs et décision Appellant(s) XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX Appelant(e)(s) Appeal Considered / Heard at Montréal, Quebec Appel instruit à Date of Decision November 19, 2013 Date de la décision Panel Normand Leduc Tribunal Counsel for the Appellant(s) Me Carolina Roa Sanchez Conseil(s) du (de la/des) Appelant(e)(s) Designated Representative(s) XXXXX XXXXX XXXXX Représentant(e)(s) désigné(e)(s) Counsel for the Minister N/A Conseil du (de la) Ministre REASONS AND DECISION [1] On September 3, 2013, the Refugee Appeal Division (RAD) received a notice of appeal regarding a decision rendered by the Refugee Protection Division (RPD) in the claims for refugee protection filed by XXXXX XXXXX XXXXX and her minor son, XXXXX XXXXX XXXXX. The notice of appeal indicates that the appellants received the RPD decision dated August 12, 2013, on August 19, 2013. Pursuant to subsection 68(1) of the Refugee Protection Division Rules, this decision took effect on the date the reasons were signed, that is, on August 12, 2013. [2] The appeal is dismissed for lack of jurisdiction because it concerns claims for refugee protection that were referred to the RPD on September 18, 2012, and for which the RPD decision took effect after June 26, 2013. [3] In accordance with section 167 of the Economic Action Plan 2013 Act, No. 1, which came into effect on June 26, 2013, a decision made by the RPD under subsection 107(1) of the IRPA 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 the day on which this section comes into force. [4] The appeal is dismissed. Normand Leduc Normand Leduc November 19, 2013 Date IRB translation Original language: French 1 RAD.25.02 (April 9, 2013) Disponible en français RAD File No. / N° de dossier de la SAR : MB3-03174 2