Immigration Division Rules (SOR/2002-229)

Regulations are current to 2016-08-15

Immigration Division Rules

SOR/2002-229

IMMIGRATION AND REFUGEE PROTECTION ACT

Registration 2002-06-11

Immigration Division Rules

P.C. 2002-999  2002-06-11

The Chairperson of the Immigration and Refugee Board, pursuant to subsection 161(1) of the Immigration and Refugee Protection ActFootnote a and subject to the approval of the Governor in Council, in consultation with the Deputy Chairpersons and the Director General of the Immigration Division, hereby makes the annexed Immigration Division Rules.

Ottawa, May 7, 2002

Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 161(1) of the Immigration and Refugee Protection ActFootnote a, hereby approves the annexed Immigration Division Rules, made on May 7, 2002 by the Chairperson of the Immigration and Refugee Board, in consultation with the Deputy Chairpersons and the Director General of the Immigration Division.

Definitions

Marginal note:Definitions

 The following definitions apply in these Rules.

Act

Loi

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

admissibility hearing

enquête

admissibility hearing means a hearing held under subsection 44(2) of the Act. (enquête)

contact information

coordonnées

contact information means a person’s name, postal address and telephone number and the person’s fax number and electronic mail address, if any. (coordonnées)

detention review

contrôle des motifs de détention

detention review means a forty-eight hour review, a seven-day review and a thirty-day review. (contrôle des motifs de détention)

Division

Section

Division means the Immigration Division. (Section)

forty-eight hour review

contrôle des quarante-huit heures

forty-eight hour review means the review of the reasons for continued detention under subsection 57(1) of the Act. (contrôle des quarante-huit heures)

party

partie

party means a permanent resident or foreign national, as the case may be, and the Minister. (partie)

proceeding

procédure

proceeding means an admissibility hearing, a detention review, a conference or an application. (procédure)

registry office

greffe

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

seven-day review

contrôle des sept jours

seven-day review means the review of the reasons for continued detention required to be held during the seven days following a forty-eight hour review, under subsection 57(2) of the Act. (contrôle des sept jours)

thirty-day review

contrôle des trente jours

thirty-day review means the review of the reasons for continued detention required to be held during the thirty days following each previous review, under subsection 57(2) of the Act. (contrôle des trente jours)

Communicating with the Division

Marginal note:Communicating with the Division

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

PART 1Rules Applicable to Admissibility Hearings

Information

Marginal note:Information provided by the Minister

 When the Minister requests the Division to hold an admissibility hearing, the Minister must provide to the Division and the permanent resident or foreign national, as the case may be, any relevant information or document that the Minister may have, including

  • (a) the name and other contact information in Canada of the permanent resident or foreign national;

  • (b) the person’s date of birth, sex and citizenship;

  • (c) whether the person is single, married, separated or divorced or is a common-law partner;

  • (d) the inadmissibility report and the Minister’s referral;

  • (e) whether the person has made a claim for refugee protection;

  • (f) the name and address of the place of detention, if the person is detained;

  • (g) the language — English or French — chosen by the person for communicating with the Division;

  • (h) if an interpreter is required, the language or dialect to be interpreted;

  • (i) if the person has counsel, the counsel’s contact information;

  • (j) the client identification number given to the person by the Department of Citizenship and Immigration;

  • (k) the names, sex, date of birth, citizenship, and other contact information of any family member whose case has been referred to the Division, and the client identification number given to them by the Department of Citizenship and Immigration;

  • (l) the date on which the Minister makes the request;

  • (m) the name and title of the Minister’s counsel;

  • (n) whether the Minister has made an application for non-disclosure of information;

  • (o) whether the Minister believes that the person is less than 18 years of age or is unable to appreciate the nature of the proceedings; and

  • (p) the evidence to be presented by the Minister.

Marginal note:Change to contact information

 If the contact information changes, the permanent resident or foreign national, unless detained, must without delay provide the changes in writing to the Division and the Minister.

Withdrawing a Request by the Minister for an Admissibility Hearing

Marginal note:Abuse of process
  •  (1) Withdrawal of a request for an admissibility hearing is an abuse of process if withdrawal would likely have a negative effect on the integrity of the Division. If no substantive evidence has been accepted in the proceedings, withdrawal of a request is not an abuse of process.

  • Marginal note:Withdrawal if no evidence has been accepted

    (2) If no substantive evidence has been accepted in the proceedings, the Minister may withdraw a request by notifying the Division orally at a proceeding or in writing. If the Minister notifies in writing, the Minister must provide a copy of the notice to the other party.

  • Marginal note:Withdrawal if evidence has been accepted

    (3) If substantive evidence has been accepted in the proceedings, the Minister must make a written application to the Division in order to withdraw a request.

Reinstating a Request by the Minister for an Admissibility Hearing

Marginal note:Application for reinstatement of withdrawn request
  •  (1) The Minister may make a written application to the Division to reinstate a request for an admissibility hearing that was withdrawn.

  • Marginal note:Factors

    (2) The Division must allow the application if it is established that there was a failure to observe a principle of natural justice or if it is otherwise in the interests of justice to allow the application.

Decision

Marginal note:Favourable decision
  •  (1) If the decision at the conclusion of an admissibility hearing is in favour of the permanent resident or foreign national, the member making the decision must date and sign a notice of decision and provide a copy to the parties.

  • Marginal note:Unfavourable decision

    (2) If the decision is not in favour of the permanent resident or foreign national, the member must date and sign an order indicating the applicable provisions of the Act and provide a copy to the parties. The member must also notify the permanent resident or foreign national of

    • (a) their right to appeal to the Immigration Appeal Division; or

    • (b) if they do not have the right to appeal, their right to file an application for judicial review in the Federal Court.

  • Marginal note:When decision takes effect

    (3) A decision made orally at a hearing takes effect when a Division member states the decision. A decision made in writing takes effect when the member signs and dates it.

  • Marginal note:Request for written reasons

    (4) A request made by a party for written reasons for a decision may be made orally at the end of an admissibility hearing or in writing. A request in writing must be received by the Division no later than 10 days after the decision takes effect.

PART 2Rules Applicable to Detention Reviews

Information

Marginal note:Information provided by the Minister
  •  (1) If a foreign national or a permanent resident is subject to a detention review, the Minister must provide the Division and the person detained with the following information:

    • (a) the person’s name, sex, date of birth and citizenship;

    • (b) whether the person is single, married, separated or divorced or is a common-law partner;

    • (c) whether the person has made a claim for refugee protection;

    • (d) the language — English or French — chosen by the person for communicating with the Division;

    • (e) if an interpreter is required, the language or dialect to be interpreted;

    • (f) if the person has counsel, the counsel’s contact information;

    • (g) the date and time that the person was first placed in detention;

    • (h) the name and address of the place where the person is being detained;

    • (i) whether the Minister is seeking a detention review after the first forty-eight hour detention or after a seven-day or thirty-day review;

    • (j) the identification number given to the person by the Department of Citizenship and Immigration;

    • (k) the provision of the Act under which the review of the reasons for continued detention is required;

    • (l) whether an application for non-disclosure of information has been made; and

    • (m) whether the Minister believes that the person is less than 18 years of age or is unable to appreciate the nature of the proceedings.

  • Marginal note:Time limit

    (2) The information must be received by the Division and the person detained

    • (a) in the case of a forty-eight hour review, as soon as possible; and

    • (b) in the case of a seven-day or thirty-day review, at least three days before the date fixed for the review.

 
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