MB3-01221

MB3-01221

Because the claimant's file was referred to the RPD on July 19, 2011, prior to August 15, 2012, subsection 36(1) of the Balanced Refugee Reform Act removes RAD jurisdiction over the RPD decision; therefore the appeal must be dismissed.

Citation
MB3-01221
Parties
Appellant: XXXXXXXXXXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 April 2013
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division Jurisdictional Dismissal
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Jurisdiction, Statutory Interpretation, Coming Into Force, Balanced Refugee Reform Act Section 36
Source Language
English
Immigration Law Refugee Law Administrative Law Jurisdiction Statutory Interpretation Coming Into Force Balanced Refugee Reform Act Section 36

Case Brief

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Parties

XXXXXXXXXXXXX

Appellant

Procedural Posture

Refugee Appeal / Appeal to Refugee Appeal Division Jurisdictional Dismissal

Legal Issues

  1. 1 Whether the Refugee Appeal Division has jurisdiction to hear an appeal from an RPD decision where the claimant's file was referred to the RPD before section 36 of the Balanced Refugee Reform Act came into force

Ratio Decidendi

Because the claimant's file was referred to the RPD on July 19, 2011, prior to August 15, 2012, subsection 36(1) of the Balanced Refugee Reform Act removes RAD jurisdiction over the RPD decision; therefore the appeal must be dismissed.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • The appeal is dismissed.