Refugee Protection Division Rules (SOR/2012-256)

Disclosure of Personal Information

Marginal note:Disclosure of information from another claim

• 21 (1) Subject to subrule (5), the Division may disclose to a claimant personal and other information that it wants to use from any other claim if the claims involve similar questions of fact or if the information is otherwise relevant to the determination of their claim.

• Marginal note:Notice to another claimant

  (2) If the personal or other information of another claimant has not been made public, the Division must make reasonable efforts to notify the other claimant in writing that

  • (a) it intends to disclose the information to a claimant; and

  • (b) the other claimant may object to that disclosure.

• Marginal note:Request for disclosure

  (3) In order to decide whether to object to the disclosure, the other claimant may make a written request to the Division for personal and other information relating to the claimant. Subject to subrule (5), the Division may disclose only information that is necessary to permit the other claimant to make an informed decision.

• Marginal note:Notice to claimant

  (4) If the personal or other information of the claimant has not been made public, the Division must make reasonable efforts to notify the claimant in writing that

  • (a) it intends to disclose the information to the other claimant; and

  • (b) the claimant may object to that disclosure.

• Marginal note:Information not to be disclosed

  (5) The Division must not disclose personal or other information unless it is satisfied that

  • (a) there is not a serious possibility that disclosing the information will endanger the life, liberty or security of any person; or

  • (b) disclosing the information is not likely to cause an injustice.

• Marginal note:Information from joined claims

  (6) Personal or other information from a joined claim is not subject to this rule. If claims were once joined but were later separated, only personal or other information that was provided before the separation is not subject to this rule.

Specialized Knowledge

Marginal note:Notice to parties

22 Before using any information or opinion that is within its specialized knowledge, the Division must notify the claimant or protected person and, if the Minister is present at the hearing, the Minister, and give them an opportunity to

• (a) make representations on the reliability and use of the information or opinion; and

• (b) provide evidence in support of their representations.

Allowing a Claim Without a Hearing

Marginal note:Claim allowed without hearing

23 For the purpose of paragraph 170(f) of the Act, the period during which the Minister must notify the Division of the Minister’s intention to intervene is no later than 10 days after the day on which the Minister receives the Basis of Claim Form.

Conferences

Marginal note:Requirement to participate at conference

• 24 (1) The Division may require the parties to participate at a conference to fix a date for a proceeding or to discuss issues, relevant facts and any other matter to make the proceedings fairer and more efficient.

• Marginal note:Information or documents

  (2) The Division may require the parties to give any information or provide any document, at or before the conference.

• Marginal note:Written record

  (3) The Division must make a written record of any decisions and agreements made at the conference.

Notice to Appear

Marginal note:Notice to appear

• 25 (1) The Division must notify the claimant or protected person and the Minister in writing of the date, time and location of the proceeding.

• Marginal note:Notice to appear for hearing

  (2) In the case of a hearing on a refugee claim, the notice may be provided by an officer under paragraph 3(4)(a).

• Marginal note:Date fixed for hearing

  (3) The date fixed for a hearing of a claim or an application to vacate or to cease refugee protection must not be earlier than 20 days after the day on which the parties receive the notice referred to in subrule (1) or (2) unless

  • (a) the hearing has been adjourned or postponed from an earlier date; or

  • (b) the parties consent to an earlier date.

Exclusion, Integrity Issues, Inadmissibility and Ineligibility

Marginal note:Notice to Minister of possible exclusion before hearing

• 26 (1) If the Division believes, before a hearing begins, that there is a possibility that section E or F of Article 1 of the Refugee Convention applies to the claim, the Division must without delay notify the Minister in writing and provide any relevant information to the Minister.

• Marginal note:Notice to Minister of possible exclusion during hearing

  (2) If the Division believes, after a hearing begins, that there is a possibility that section E or F of Article 1 of the Refugee Convention applies to the claim and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must adjourn the hearing and without delay notify the Minister in writing and provide any relevant information to the Minister.

• Marginal note:Disclosure to claimant

  (3) The Division must provide to the claimant a copy of any notice or information that the Division provides to the Minister.

• Marginal note:Resumption of hearing

  (4) The Division must fix a date for the resumption of the hearing that is as soon as practicable,

  • (a) if the Minister responds to the notice referred to in subrule (2), after receipt of the response from the Minister; or

  • (b) if the Minister does not respond to that notice, no earlier than 14 days after receipt of the notice by the Minister.

Marginal note:Notice to Minister of possible integrity issues before hearing

• 27 (1) If the Division believes, before a hearing begins, that there is a possibility that issues relating to the integrity of the Canadian refugee protection system may arise from the claim and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must without delay notify the Minister in writing and provide any relevant information to the Minister.

• Marginal note:Notice to Minister of possible integrity issues during hearing

  (2) If the Division believes, after a hearing begins, that there is a possibility that issues relating to the integrity of the Canadian refugee protection system may arise from the claim and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must adjourn the hearing and without delay notify the Minister in writing and provide any relevant information to the Minister.

• Marginal note:Integrity issues

  (3) For the purpose of this rule, claims in which the possibility that issues relating to the integrity of the Canadian refugee protection system may arise include those in which there is

  • (a) information that the claim may have been made under a false identity in whole or in part;

  • (b) a substantial change to the basis of the claim from that indicated in the Basis of Claim Form first provided to the Division;

  • (c) information that, in support of the claim, the claimant submitted documents that may be fraudulent; or

  • (d) other information that the claimant may be directly or indirectly misrepresenting or withholding material facts relating to a relevant matter.

• Marginal note:Disclosure to claimant

  (4) The Division must provide to the claimant a copy of any notice or information that the Division provides to the Minister.

• Marginal note:Resumption of hearing

  (5) The Division must fix a date for the resumption of the hearing that is as soon as practicable,

  • (a) if the Minister responds to the notice referred to in subrule (2), after receipt of the response from the Minister; or

  • (b) if the Minister does not respond to that notice, no earlier than 14 days after receipt of the notice by the Minister.

Marginal note:Notice of possible inadmissibility or ineligibility

• 28 (1) The Division must without delay notify the Minister in writing and provide the Minister with any relevant information if the Division believes that

  • (a) a claimant may be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality;

  • (b) there is an outstanding charge against the claimant for an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years; or

  • (c) the claimant’s claim may be ineligible to be referred under section 101 or paragraph 104(1)(c) or (d) of the Act.

• Marginal note:Disclosure to claimant

  (2) The Division must provide to the claimant a copy of any notice or information that the Division provides to the Minister.

• Marginal note:Continuation of proceeding

  (3) If, within 20 days after receipt of the notice referred to in subrule (1), the Minister does not notify the Division that the proceedings are suspended under paragraph 103(1)(a) or (b) of the Act or that the pending proceedings respecting the claim are terminated under section 104 of the Act, the Division may continue with the proceedings.

Intervention by the Minister

Marginal note:Notice of intention to intervene

• 29 (1) To intervene in a claim, the Minister must provide

  • (a) to the claimant, a copy of a notice of the Minister’s intention to intervene; and

  • (b) to the Division, the original of the notice, together with a written statement indicating how and when a copy was provided to the claimant.

• Marginal note:Contents of notice

  (2) In the notice, the Minister must state

  • (a) the purpose for which the Minister will intervene;

  • (b) whether the Minister will intervene in writing only, in person, or both; and

  • (c) the Minister’s counsel’s contact information.

• Marginal note:Intervention — exclusion clauses

  (3) If the Minister believes that section E or F of Article 1 of the Refugee Convention may apply to the claim, the Minister must also state in the notice the facts and law on which the Minister relies.

• Marginal note:Time limit

  (4) Documents provided under this rule must be received by their recipients no later than 10 days before the date fixed for a hearing.

Claimant or Protected Person in Custody

Marginal note:Custody

30 The Division may order a person who holds a claimant or protected person in custody to bring the claimant or protected person to a proceeding at a location specified by the Division.

Documents

Form and Language of Documents

Marginal note:Documents prepared by party

• 31 (1) A document prepared for use by a party in a proceeding must be typewritten, in a type not smaller than 12 point, on one or both sides of 216 mm by 279 mm (8 ½ inches x 11 inches) paper.

• Marginal note:Photocopies

  (2) Any photocopy provided by a party must be a clear copy of the document photocopied and be on one or both sides of 216 mm by 279 mm (8 ½ inches x 11 inches) paper.

• Marginal note:List of documents

  (3) If more than one document is provided, the party must provide a list identifying each of the documents.

• Marginal note:Consecutively numbered pages

  (4) A party must consecutively number each page of all the documents provided as if they were one document.

Marginal note:Language of documents — claimant or protected person

• 32 (1) All documents used by a claimant or protected person in a proceeding must be in English or French or, if in another language, be provided together with an English or French translation and a declaration signed by the translator.

• Marginal note:Language of Minister’s documents

  (2) All documents used by the Minister in a proceeding must be in the language of the proceeding or be provided together with a translation in the language of the proceeding and a declaration signed by the translator.

• Marginal note:Translator’s declaration

  (3) A translator’s declaration must include translator’s name, the language and dialect, if any, translated and a statement that the translation is accurate.