Refugee Appeal Division Rules (SOR/2012-257)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Rules.

Act

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

appellant

appellant means a person who is the subject of an appeal, or the Minister, who makes an appeal to the Division from a decision of the Refugee Protection Division. (appelant)

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 person who is the subject of an appeal, 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 Appeal Division. (Section)

interested person

interested person means a person whose application to participate in an appeal under rule 46 has been granted. (personne intéressée)

party

party means,

• (a) in the case of an appeal by a person who is the subject of an appeal, the person and, if the Minister intervenes in the appeal, the Minister; and

• (b) in the case of an appeal by the Minister, the person who is the subject of the appeal and the Minister. (partie)

proceeding

proceeding includes a conference, an application, or an appeal that is decided with or without 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)

respondent

respondent means a person who is the subject of an appeal in the case of an appeal by the Minister. (intimé)

UNHCR

UNHCR means the United Nations High Commissioner for Refugees and includes its representative or agent. (HCR)

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)

PART 1Rules Applicable to Appeals Made by a Person Who Is the Subject of an Appeal

Filing and Perfecting an Appeal

Marginal note:Filing appeal

• 2 (1) To file an appeal, the person who is the subject of the appeal must provide to the Division three copies of a written notice of appeal.

• Marginal note:Copy provided to Minister

  (2) The Division must provide a copy of the notice of appeal to the Minister without delay.

• Marginal note:Content of notice of appeal

  (3) In the notice of appeal, the appellant must indicate

  • (a) their name and telephone number, and an address where documents can be provided to them;

  • (b) if represented by counsel, counsel’s contact information and any limitations on counsel’s retainer;

  • (c) the identification number given by the Department of Citizenship and Immigration to them;

  • (d) the Refugee Protection Division file number, the date of the notice of decision relating to the decision being appealed and the date that they received the written reasons for the decision;

  • (e) the language — English or French — chosen by them as the language of the appeal; and

  • (f) the representative’s contact information if the Refugee Protection Division has designated a representative for them in the proceedings relating to the decision being appealed, and any proposed change in representative.

• Marginal note:Time limit

  (4) The notice of appeal provided under this rule must be received by the Division within the time limit for filing an appeal set out in the Regulations.

Marginal note:Perfecting appeal

• 3 (1) To perfect an appeal, the person who is the subject of the appeal must provide to the Division two copies of the appellant’s record.

• Marginal note:Copy provided to Minister

  (2) The Division must provide a copy of the appellant’s record to the Minister without delay.

• Marginal note:Content of appellant’s record

  (3) The appellant’s record must contain the following documents, on consecutively numbered pages, in the following order:

  • (a) the notice of decision and written reasons for the Refugee Protection Division’s decision that the appellant is appealing;

  • (b) all or part of the transcript of the Refugee Protection Division hearing if the appellant wants to rely on the transcript in the appeal, together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate;

  • (c) any documents that the Refugee Protection Division refused to accept as evidence, during or after the hearing, if the appellant wants to rely on the documents in the appeal;

  • (d) a written statement indicating

    • (i) whether the appellant is relying on any evidence referred to in subsection 110(4) of the Act,

    • (ii) whether the appellant is requesting that a hearing be held under subsection 110(6) of the Act, and if they are requesting a hearing, whether they are making an application under rule 66 to change the location of the hearing, and

    • (iii) the language and dialect, if any, to be interpreted, if the Division decides that a hearing is necessary and the appellant needs an interpreter;

  • (e) any documentary evidence that the appellant wants to rely on in the appeal;

  • (f) any law, case law or other legal authority that the appellant wants to rely on in the appeal; and

  • (g) a memorandum that includes full and detailed submissions regarding

    • (i) the errors that are the grounds of the appeal,

    • (ii) where the errors are located in the written reasons for the Refugee Protection Division’s decision that the appellant is appealing or in the transcript or in any audio or other electronic recording of the Refugee Protection Division hearing,

    • (iii) how any documentary evidence referred to in paragraph (e) meets the requirements of subsection 110(4) of the Act and how that evidence relates to the appellant,

    • (iv) the decision the appellant wants the Division to make, and

    • (v) why the Division should hold a hearing under subsection 110(6) of the Act if the appellant is requesting that a hearing be held.

• Marginal note:Length of memorandum

  (4) The memorandum referred to in paragraph (3)(g) must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

• Marginal note:Time limit

  (5) The appellant’s record provided under this rule must be received by the Division within the time limit for perfecting an appeal set out in the Regulations.

Intervention by the Minister

Marginal note:Notice of intervention

• 4 (1) To intervene in an appeal at any time before the Division makes a decision, the Minister must provide, first to the appellant and then to the Division, a written notice of intervention, together with any documentary evidence that the Minister wants to rely on in the appeal.

• Marginal note:Content of notice of intervention

  (2) In the notice of intervention, the Minister must indicate

  • (a) counsel’s contact information;

  • (b) the identification number given by the Department of Citizenship and Immigration to the appellant;

  • (c) the appellant’s name, the Refugee Protection Division file number, the date of the notice of decision relating to the decision being appealed and the date that the Minister received the written reasons for the decision;

  • (d) whether the Minister is relying on any documentary evidence referred to in subsection 110(3) of the Act and the relevance of that evidence; and

  • (e) whether the Minister is requesting that a hearing be held under subsection 110(6) of the Act, and if the Minister is requesting a hearing, why the Division should hold a hearing and whether the Minister is making an application under rule 66 to change the location of the hearing.

• Marginal note:Minister’s intervention record

  (3) In addition to the documents referred to in subrule (1), the Minister may provide, first to the appellant and then to the Division, the Minister’s intervention record containing the following documents, on consecutively numbered pages, in the following order:

  • (a) all or part of the transcript of the Refugee Protection Division hearing if the Minister wants to rely on the transcript in the appeal and the transcript was not provided with the appellant’s record, together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate;

  • (b) any law, case law or other legal authority that the Minister wants to rely on in the appeal; and

  • (c) a memorandum that includes full and detailed submissions regarding

    • (i) the grounds on which the Minister is contesting the appeal, and

    • (ii) the decision the Minister wants the Division to make.

• Marginal note:Length of memorandum

  (4) The memorandum referred to in paragraph (3)(c) must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

• Marginal note:Proof documents were provided

  (5) The documents provided to the Division under this rule must be accompanied by proof that they were provided to the appellant.

Reply

Marginal note:Reply to Minister’s intervention

• 5 (1) To reply to a Minister’s intervention, the appellant must provide, first to the Minister and then to the Division, a reply record.

• Marginal note:Content of reply record

  (2) The reply record must contain the following documents, on consecutively numbered pages, in the following order:

  • (a) all or part of the transcript of the Refugee Protection Division hearing if the appellant wants to rely on the transcript to support the reply and the transcript was not provided with the appellant’s record or by the Minister, together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate;

  • (b) any documentary evidence that the appellant wants to rely on to support the reply and that was not provided with the appellant’s record or by the Minister;

  • (c) any law, case law or other legal authority that the appellant wants to rely on to support the reply and that was not provided with the appellant’s record or by the Minister; and

  • (d) a memorandum that includes full and detailed submissions regarding

    • (i) only the grounds raised by the Minister,

    • (ii) how any documentary evidence referred to in paragraph (b) meets the requirements of subsection 110(4) or (5) of the Act and how that evidence relates to the appellant, and

    • (iii) why the Division should hold a hearing under subsection 110(6) of the Act if the appellant is requesting that a hearing be held and they did not include such a request in the appellant’s record, and if the appellant is requesting a hearing, whether they are making an application under rule 66 to change the location of the hearing.

• Marginal note:Length of memorandum

  (3) The memorandum referred to in paragraph (2)(d) must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

• Marginal note:Proof document was provided

  (4) The reply record provided to the Division must be accompanied by proof that it was provided to the Minister.

• Marginal note:Time limit

  (5) Documents provided under this rule must be received by the Division no later than 15 days after the day on which the appellant receives the Minister’s notice of intervention, the Minister’s intervention record, or any additional documents provided by the Minister, as the case may be.