Refugee Protection Division Rules (SOR/2012-256)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Rules.

Act

Act means the Immigration and Refugee Protection Act. (Loi)

Basis of Claim Form

Basis of Claim Form means the form in which a claimant gives the information referred to in Schedule 1. (Formulaire de fondement de la demande d’asile)

contact information

contact information means, with respect to a person,

• (a) the person’s name, postal address and telephone number, and their fax number and email address, if any; and

• (b) in the case of counsel for a claimant or protected person, if the counsel is a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, in addition to the information referred to in paragraph (a), the name of the body of which the counsel is a member and the membership identification number issued to the counsel. (coordonnées)

Division

Division means the Refugee Protection Division. (Section)

officer

officer means a person designated as an officer by the Minister under subsection 6(1) of the Act. (agent)

party

party means,

• (a) in the case of a claim for refugee protection, the claimant and, if the Minister intervenes in the claim, the Minister; and

• (b) in the case of an application to vacate or to cease refugee protection, the protected person and the Minister. (partie)

proceeding

proceeding includes a conference, an application or a hearing. (procédure)

registry office

registry office means a business office of the Division. (greffe)

Regulations

Regulations means the Immigration and Refugee Protection Regulations. (Règlement)

vulnerable person

vulnerable person means a person who has been identified as vulnerable under the Guideline on Procedures with Respect to Vulnerable Persons Appearing Before the IRB issued under paragraph 159(1)(h) of the Act. (personne vulnérable)

working day

working day does not include Saturdays, Sundays or other days on which the Board offices are closed. (jour ouvrable)

Communicating with the Division

Marginal note:Communicating with Division

2 All communication with the Division must be directed to the registry office specified by the Division.

Information and Documents to Be Provided

Claims for Refugee Protection

Marginal note:Fixing date, time and location of hearing

• 3 (1) As soon as a claim for refugee protection is referred to the Division, or as soon as possible before it is deemed to be referred under subsection 100(3) of the Act, an officer must fix a date, time and location for the claimant to attend a hearing on the claim, within the time limits set out in the Regulations, from the dates, times and locations provided by the Division.

• Marginal note:Date fixed by officer

  (2) Subject to paragraph 3(b), the officer must select the date closest to the last day of the applicable time limit set out in the Regulations, unless the claimant agrees to an earlier date.

• Marginal note:Factors

  (3) In fixing the date, time and location for the hearing, the officer must consider

  • (a) the claimant’s preference of location; and

  • (b) counsel’s availability, if the claimant has retained counsel at the time of referral and the officer has been informed that counsel will be available to attend a hearing on one of the dates provided by the Division.

• Marginal note:Providing information to claimant in writing

  (4) The officer must

  • (a) notify the claimant in writing by way of a notice to appear

    • (i) of the date, time and location of the hearing of the claim; and

    • (ii) of the date, time and location of any special hearing on the abandonment of the claim under subrules 65(2) and (3);

  • (b) unless the claimant has provided a completed Basis of Claim Form to the officer in accordance with subsection 99(3.1) of the Act, provide to the claimant the Basis of Claim Form; and

  • (c) provide to the claimant information in writing

    • (i) explaining how and when to provide a Basis of Claim Form and other documents to the Division and to the Minister,

    • (ii) informing the claimant of the importance of obtaining relevant documentary evidence without delay,

    • (iii) explaining how the hearing will proceed,

    • (iv) informing the claimant of the obligation to notify the Division and the Minister of the claimant’s contact information and any changes to that information,

    • (v) informing the claimant that they may, at their own expense, be represented by legal or other counsel, and

    • (vi) informing the claimant that the claim may be declared abandoned without further notice if the claimant fails to provide the completed Basis of Claim Form or fails to appear at the hearing.

• Marginal note:Providing information in writing and documents to Division

  (5) After providing to the claimant the information set out in subrule (4), the officer must without delay provide to the Division

  • (a) a written statement indicating how and when the information set out in subrule (4) was provided to the claimant;

  • (b) the completed Basis of Claim Form for a claimant referred to in subsection 99(3.1) of the Act;

  • (c) a copy of each notice to appear provided to the claimant in accordance with paragraph (4)(a);

  • (d) the information set out in Schedule 2;

  • (e) a copy of any identity and travel documents of the claimant that have been seized by the officer;

  • (f) a copy of the notice of seizure of any seized documents referred to in paragraph (e); and

  • (g) a copy of any other relevant documents that are in the possession of the officer.

• Marginal note:Providing copies to claimant

  (6) The officer must provide to the claimant a copy of any documents or information that the officer has provided to the Division under paragraphs (5)(d) to (g).

Marginal note:Claimant’s contact information

• 4 (1) The claimant must provide their contact information in writing to the Division and to the Minister.

• Marginal note:Time limit

  (2) The claimant’s contact information must be received by the Division and the Minister no later than 10 days after the day on which the claimant receives the information provided by the officer under subrule 3(4).

• Marginal note:Change to contact information

  (3) If the claimant’s contact information changes, the claimant must without delay provide the changes in writing to the Division and to the Minister.

• Marginal note:Information concerning claimant’s counsel

  (4) A claimant who is represented by counsel must without delay, on retaining counsel, provide the counsel’s contact information in writing to the Division and to the Minister and notify them of any limitations on the counsel’s retainer. If that information changes, the claimant must without delay provide the changes in writing to the Division and to the Minister.

Marginal note:Declaration — counsel not representing or advising for consideration

5 If a claimant retains counsel who is not a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, both the claimant and their counsel must without delay provide the information and declarations set out in Schedule 3 to the Division in writing.

Basis of Claim Form

Marginal note:Claimant’s declarations

• 6 (1) The claimant must complete a Basis of Claim Form and sign and date the declaration set out in the form stating that

  • (a) the information given by the claimant is complete, true and correct; and

  • (b) the claimant understands that the declaration is of the same force and effect as if made under oath.

• Marginal note:Form completed without interpreter

  (2) If the claimant completes the Basis of Claim Form without an interpreter’s assistance, the claimant must sign and date the declaration set out in the form stating that they can read the language of the form and understand what information is requested.

• Marginal note:Interpreter’s declaration

  (3) If the claimant completes the Basis of Claim Form with an interpreter’s assistance, the interpreter must sign and date the declaration in the form stating that

  • (a) they are proficient in the language and dialect, if any, used, and were able to communicate effectively with the claimant;

  • (b) the completed Basis of Claim Form and all attached documents were interpreted to the claimant; and

  • (c) the claimant indicated that the claimant understood what was interpreted.

Marginal note:Providing Basis of Claim Form — inland claim

• 7 (1) A claimant referred to in subsection 99(3.1) of the Act must provide the original and a copy of the completed Basis of Claim Form to the officer referred to in rule 3.

• Marginal note:Providing Basis of Claim Form — port of entry claim

  (2) A claimant other than a claimant referred to in subsection 99(3.1) of the Act must provide the original and a copy of the completed Basis of Claim Form to the Division.

• Marginal note:Documents to be attached

  (3) The claimant must attach to the original and to the copy of the completed Basis of Claim Form a copy of their identity and travel documents, genuine or not, and a copy of any other relevant documents in their possession. The claimant does not have to attach a copy of a document that has been seized by an officer or provided to the Division by an officer.

• Marginal note:Documents obtained after providing Basis of Claim Form

  (4) If the claimant obtains an identity or travel document after the Division has received the completed Basis of Claim Form, they must provide two copies of the document to the Division without delay.

• Marginal note:Providing Basis of Claim Form — port of entry claim

  (5) The Basis of Claim Form provided under subrule (2) must be

  • (a) received by the Division within the time limit set out in the Regulations, and

  • (b) provided in any of the following ways:

    • (i) by hand,

    • (ii) by courier,

    • (iii) by fax if the document is no more than 20 pages long, unless the Division consents to receiving more than 20 pages, or

    • (iv) by email or other electronic means if the Division allows.

• Marginal note:Original Basis of Claim Form

  (6) A claimant who provides the Basis of Claim Form by fax must provide the original to the Division at the beginning of the hearing.

Marginal note:Application for extension of time

• 8 (1) A claimant who makes an application for an extension of time to provide the completed Basis of Claim Form must make the application in accordance with rule 50, but the claimant is not required to give evidence in an affidavit or statutory declaration.

• Marginal note:Time limit

  (2) The application must be received by the Division no later than three working days before the expiry of the time limit set out in the Regulations.

• Marginal note:Application for medical reasons

  (3) If a claimant makes the application for medical reasons, other than those related to their counsel, they must provide, together with the application, a legible, recently dated medical certificate signed by a qualified medical practitioner whose name and address are printed or stamped on the certificate. A claimant who has provided a copy of the certificate to the Division must provide the original document to the Division without delay.

• Marginal note:Content of certificate

  (4) The medical certificate must set out the particulars of the medical condition, without specifying the diagnosis, that prevent the claimant from providing the completed Basis of Claim Form in the time limit referred to in paragraph 7(5)(a).

• Marginal note:Failure to provide medical certificate

  (5) If a claimant fails to provide a medical certificate in accordance with subrules (3) and (4), the claimant must include in their application

  • (a) particulars of any efforts they made to obtain the required medical certificate, supported by corroborating evidence;

  • (b) particulars of the medical reasons for the application, supported by corroborating evidence; and

  • (c) an explanation of how the medical condition prevents them from providing the completed Basis of Claim Form in the time limit referred to in paragraph 7(5)(a).

• Marginal note:Providing Basis of Claim Form after extension granted

  (6) If an extension of time is granted, the claimant must provide the original and a copy of the completed Basis of Claim Form to the Division in accordance with subrules 7(2) and (3), no later than on the date indicated by the Division and by a means set out in paragraph 7(5)(b).

Marginal note:Changes or additions to Basis of Claim Form

• 9 (1) To make changes or add any information to the Basis of Claim Form, the claimant must

  • (a) provide to the Division the original and a copy of each page of the form to which changes or additions have been made;

  • (b) sign and date each new page and underline the changes or additions made; and

  • (c) sign and date a declaration stating that

    • (i) the information given by the claimant in the Basis of Claim Form, together with the changes and additions, is complete, true and correct, and

    • (ii) the claimant understands that the declaration is of the same force and effect as if made under oath.

• Marginal note:Time limit

  (2) The documents referred to in subrule (1) must be provided to the Division without delay and must be received by it no later than 10 days before the date fixed for the hearing.

Conduct of a Hearing

Marginal note:Standard order of questioning

• 10 (1) In a hearing of a claim for refugee protection, if the Minister is not a party, any witness, including the claimant, will be questioned first by the Division and then by the claimant’s counsel.

• Marginal note:Order of questioning — Minister’s intervention on exclusion issue

  (2) In a hearing of a claim for refugee protection, if the Minister is a party and has intervened on an issue of exclusion under subrule 29(3), any witness, including the claimant, will be questioned first by the Minister’s counsel, then by the Division and then by the claimant’s counsel.

• Marginal note:Order of questioning — Minister’s intervention not on exclusion issue

  (3) In a hearing of a claim for refugee protection, if the Minister is a party but has not intervened on an issue of exclusion under subrule 29(3), any witness, including the claimant, will be questioned first by the Division, then by the Minister’s counsel and then by the claimant’s counsel.

• Marginal note:Order of questioning — application to vacate or cease refugee protection

  (4) In a hearing into an application to vacate or to cease refugee protection, any witness, including the protected person, is to be questioned first by the Minister’s counsel, then by the Division and then by the protected person’s counsel.

• Marginal note:Variation of order of questioning

  (5) The Division must not vary the order of questioning unless there are exceptional circumstances, including that the variation is required to accommodate a vulnerable person.

• Marginal note:Limiting questioning of witnesses

  (6) The Division may limit the questioning of witnesses, including a claimant or a protected person, taking into account the nature and complexity of the issues and the relevance of the questions.

• Marginal note:Oral representations

  (7) Representations must be made orally at the end of a hearing unless the Division orders otherwise.

• Marginal note:Oral decision and reasons

  (8) A Division member must render an oral decision and reasons for the decision at the hearing unless it is not practicable to do so.