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Judicial review dismissed; IRPA provision restricting RAD appeals does not violate Charter section 15.
The applicants, a mother and her two minor sons from Colombia, sought judicial review of a decision by the Refugee Appeal Division (RAD) dismissing their appeal for lack of jurisdiction under paragraph 110(2)(d) of the Immigration and Refugee Protection Act (IRPA).
They argued this provision, which denies access to the RAD for claimants arriving via a land port of entry from the United States under the Safe Third Country Agreement, violates their section 15(1) Charter equality rights.
The Court found the applicants failed to establish that the provision has a disproportionate adverse effect on them based on an enumerated or analogous ground, or that it reinforces or exacerbates a pre-existing disadvantage.
The application for judicial review was dismissed.
