Refugee Protection Division Rules (SOR/2012-256)

Regulations are current to 2017-09-27 and last amended on 2012-12-15. Previous Versions

Refugee Protection Division Rules

SOR/2012-256

IMMIGRATION AND REFUGEE PROTECTION ACT

Registration 2012-11-30

Refugee Protection Division Rules

P.C. 2012-1594 2012-11-29

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, makes the annexed Refugee Protection Division Rules.

Ottawa, October 26, 2012

BRIAN P. GOODMAN
Chairperson of the Immigration and Refugee Board

His 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, approves the annexed Refugee Protection Division Rules, made by the Chairperson of the Immigration and Refugee Board, in consultation with the Deputy Chairpersons and the Director General of the Immigration Division.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Rules.

Act

Loi

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

Basis of Claim Form

Formulaire de fondement de la demande d’asile

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

coordonnées

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

Section

Division means the Refugee Protection Division. (Section)

officer

agent

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

party

partie

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

procédure

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

registry office

greffe

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

Regulations

Règlement

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

vulnerable person

personne vulnérable

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

jour ouvrable

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

 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
  •  (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
  •  (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.

 
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