Docket: IMM-11032-22
Citation: 2024 FC 1415
[ENGLISH TRANSLATION]
Ottawa, Ontario, September 9, 2024
PRESENT: The Honourable Madam Justice Gagné
BETWEEN:
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RAYAN AMMAR ISSA AL DAJANI
GHASSAN AMMAR ISSA AL DAJANI
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Applicants
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and
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THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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Respondent
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JUDGMENT AND REASONS
[1] The applicants challenge the decision of the Refugee Appeal Division [RAD] refusing to consider their appeal for lack of jurisdiction. Since the applicants entered Canada from the United States, a safe third country, paragraph 110(2)(d) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the IRPA] provides that no appeal may be made in respect of the decision of the Refugee Protection Division [RPD] rejecting their claim for refugee protection.
[2] The applicants essentially argue that the notice of the RPD’s decision misled them by indicating that the decision was appealable to the RAD and that, accordingly, depriving them of an appeal to the RAD would be contrary to the principles of natural justice and procedural fairness.
[3] The RAD derives its jurisdiction to hear appeals from the RPD from the IRPA, which also clearly sets out the circumstances in which the RAD does not have jurisdiction. This Court does not have the power to create a right of appeal where there is none.
[4] Furthermore, the applicants were not without recourse. They were notified of the RAD’s decision just two months after the RPD’s decision and could very well have made an application for judicial review of this latter decision before this Court and filed a motion for an extension of time.
[5] The applicants do not explain why, although represented by counsel, they instead chose to challenge the only decision that the RAD could have rendered under the circumstances.
[6] The Court has no choice but to dismiss their application for judicial review.
JUDGMENT in IMM-11032-22
THIS COURT’S JUDGMENT is as follows:
The application for judicial review is dismissed;
No question of general importance is certified.
“Jocelyne Gagné”
Certified true translation
Melissa Paquette, Senior Jurilinguist
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