MB3-00900
The appeal is dismissed for lack of jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act, brought into force on August 15, 2012, precludes RAD appeals for claims referred to the RPD before that date; the claimant's file was referred on September 9, 2011, and therefore the RAD has no jurisdiction...
Source-derived case information.
- Citation
- MB3-00900
- Parties
- Appellant: XXXXXXXXXX; Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 21 March 2013
- Procedural Posture
- Refugee Appeal to Refugee Appeal Division / Appeal Dismissed for Lack of Jurisdiction at Intake
- Outcome
- Appeal dismissed for lack of jurisdiction
- Legal Topics
- Jurisdiction, Appealability, Statutory Commencement, Balanced Refugee Reform Act S.36
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXXXXXXXX
Appellant
Minister
Respondent
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Appeal Dismissed for Lack of Jurisdiction at Intake
Legal Issues
- 1 Whether the RAD has jurisdiction to hear an appeal when the refugee claim was referred to the RPD before section 36 of the BRRA came into force
- 2 Whether subsection 36(1) of the Balanced Refugee Reform Act precludes appeals to the RAD for claims referred to the RPD before August 15, 2012
Ratio Decidendi
The appeal is dismissed for lack of jurisdiction because subsection 36(1) of the Balanced Refugee Reform Act, brought into force on August 15, 2012, precludes RAD appeals for claims referred to the RPD before that date; the claimant's file was referred on September 9, 2011, and therefore the RAD has no jurisdiction to hear the appeal.
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 : MB3-00900 Private Proceeding / Huis clos Reasons and Decision - Motifs et décision Appellant(s) Appelant(s) XXXXXXXXXX Appeal considered/heard at Appel instruit à Montréal, Quebec Date of Decision Date de la décision March 21, 2013 Panel Tribunal Me Diane Sokolyk Appelant's Counsel Conseil de l'appelant (des appelants) Me Alain Vallières Designated Representative(s) Représentant(e)(s) désigné(e)(s) N/A Counsel for the Minister Conseil du (de la) ministre N/A RAD File No. / N° de dossier de la SAR : MB3-00900 REASONS FOR DECISION [1] On March 19, 2013, the Refugee Appeal Division (RAD) received a notice of appeal regarding the decision rendered by the Refugee Protection Division (RPD) in the claim for refugee protection filed by XXXXXXXXXX (the "appellant"). The notice of appeal indicates that the appellant received the RPD decision on March 18, 2013. [2] The appeal is dismissed for lack of jurisdiction because the appeal deals with a refugee protection claim that was referred to the RPD before the coming into force of section 36 of the Balanced Refugee Reform Act (BRRA). In accordance with the order published on August 15, 2012, in the Canada Gazette, section 36 of the BRRA came into force on that day. According to subsection 36(1), a decision made by the RPD in respect of a claim for refugee protection that was referred to that Division before August 15, 2012, is not subject to appeal to the RAD. The refugee protection claim was referred to the RPD on September 9, 2011; therefore, the decision is not subject to appeal to the RAD. Diane Sokolyk Me Diane Sokolyk March 21, 2013 Date IRB translation Original language: French 2