Refugee Protection Division Rules (SOR/2012-256)

Regulations are current to 2017-11-20 and last amended on 2012-12-15. Previous Versions

Joining or Separating Claims or Applications

Marginal note:Claims automatically joined
  •  (1) The Division must join the claim of a claimant to a claim made by the claimant’s spouse or common-law partner, child, parent, legal guardian, brother, sister, grandchild or grandparent, unless it is not practicable to do so.

  • Marginal note:Applications joined if claims joined

    (2) Applications to vacate or to cease refugee protection are joined if the claims of the protected persons were joined.

Marginal note:Application to join
  •  (1) A party may make an application to the Division to join claims or applications to vacate or to cease refugee protection.

  • Marginal note:Application to separate

    (2) A party may make an application to the Division to separate claims or applications to vacate or to cease refugee protection that are joined.

  • Marginal note:Form of application and providing application

    (3) A party who makes an application to join or separate claims or applications to vacate or to cease refugee protection must do so in accordance with rule 50, but the party is not required to give evidence in an affidavit or statutory declaration. The party must also

    • (a) provide a copy of the application to any person who will be affected by the Division’s decision on the application; and

    • (b) provide to the Division a written statement indicating how and when the copy of the application was provided to any affected person, together with proof that the party provided the copy to that person.

  • Marginal note:Time limit

    (4) Documents provided under this rule must be received by their recipients no later than 20 days before the date fixed for the hearing.

  • Marginal note:Factors

    (5) In deciding the application to join or separate, the Division must consider any relevant factors, including whether

    • (a) the claims or applications to vacate or to cease refugee protection involve similar questions of fact or law;

    • (b) allowing the application to join or separate would promote the efficient administration of the Division’s work; and

    • (c) allowing the application to join or separate would likely cause an injustice.

Proceedings Conducted in Public

Marginal note:Minister considered party
  •  (1) For the purpose of this rule, the Minister is considered to be a party whether or not the Minister takes part in the proceedings.

  • Marginal note:Application

    (2) A person who makes an application to the Division to have a proceeding conducted in public must do so in writing and in accordance with this rule rather than rule 50.

  • Marginal note:Oral application

    (3) The Division must not allow a person to make an application orally at a proceeding unless the person, with reasonable effort, could not have made a written application before the proceeding.

  • Marginal note:Content of application

    (4) In the application, the person must

    • (a) state the decision they want the Division to make;

    • (b) give reasons why the Division should make that decision;

    • (c) state whether they want the Division to consider the application in public or in the absence of the public;

    • (d) give reasons why the Division should consider the application in public or in the absence of the public;

    • (e) if they want the Division to hear the application orally, give reasons why the Division should do so; and

    • (f) include any evidence that they want the Division to consider in deciding the application.

  • Marginal note:Providing application

    (5) The person must provide the original application together with two copies to the Division. The Division must provide a copy of the application to the parties.

  • Marginal note:Response to application

    (6) A party may respond to a written application. The response must

    • (a) state the decision they want the Division to make;

    • (b) give reasons why the Division should make that decision;

    • (c) state whether they want the Division to consider the application in public or in the absence of the public;

    • (d) give reasons why the Division should consider the application in public or in the absence of the public;

    • (e) if they want the Division to hear the application orally, give reasons why the Division should do so; and

    • (f) include any evidence that they want the Division to consider in deciding the application.

  • Marginal note:Providing response

    (7) The party must provide a copy of the response to the other party and provide the original response and a copy to the Division, together with a written statement indicating how and when the party provided the copy to the other party.

  • Marginal note:Providing response to applicant

    (8) The Division must provide to the applicant either a copy of the response or a summary of the response referred to in paragraph (12)(a).

  • Marginal note:Reply to response

    (9) An applicant or a party may reply in writing to a written response or a summary of a response.

  • Marginal note:Providing reply

    (10) An applicant or a party who replies to a written response or a summary of a response must provide the original reply and two copies to the Division. The Division must provide a copy of the reply to the parties.

  • Marginal note:Time limit

    (11) An application made under this rule must be received by the Division without delay. The Division must specify the time limit within which a response or reply, if any, is to be provided.

  • Marginal note:Confidentiality

    (12) The Division may take any measures it considers necessary to ensure the confidentiality of the proceeding in respect of the application, including

    • (a) providing a summary of the response to the applicant instead of a copy; and

    • (b) if the Division holds a hearing in respect of the application,

      • (i) excluding the applicant or the applicant and their counsel from the hearing while the party responding to the application provides evidence and makes representations, or

      • (ii) allowing the presence of the applicant’s counsel at the hearing while the party responding to the application provides evidence and makes representations, upon receipt of a written undertaking by counsel not to disclose any evidence or information adduced until a decision is made to hold the hearing in public.

  • Marginal note:Summary of response

    (13) If the Division provides a summary of the response under paragraph (12)(a), or excludes the applicant and their counsel from a hearing in respect of the application under subparagraph (12)(b)(i), the Division must provide a summary of the representations and evidence, if any, that is sufficient to enable the applicant to reply, while ensuring the confidentiality of the proceeding having regard to the factors set out in paragraph 166(b) of the Act.

  • Marginal note:Notification of decision on application

    (14) The Division must notify the applicant and the parties of its decision on the application and provide reasons for the decision.

Observers

Marginal note:Observers
  •  (1) An application under rule 57 is not necessary if an observer is a member of the staff of the Board or a representative or agent of the United Nations High Commissioner for Refugees or if the claimant or protected person consents to or requests the presence of an observer other than a representative of the press or other media of communication at the proceeding.

  • Marginal note:Observers — factor

    (2) The Division must allow the attendance of an observer unless, in the opinion of the Division, the observer’s attendance is likely to impede the proceeding.

  • Marginal note:Observers — confidentiality of proceeding

    (3) The Division may take any measures that it considers necessary to ensure the confidentiality of the proceeding despite the presence of an observer.

Withdrawal

Marginal note:Abuse of process
  •  (1) For the purpose of subsection 168(2) of the Act, withdrawal of a claim or of an application to vacate or to cease refugee protection is an abuse of process if withdrawal would likely have a negative effect on the Division’s integrity. If no substantive evidence has been accepted in the hearing, withdrawal is not an abuse of process.

  • Marginal note:Withdrawal if no substantive evidence accepted

    (2) If no substantive evidence has been accepted in the hearing, a party may withdraw the party’s claim or the application to vacate or to cease refugee protection by notifying the Division orally at a proceeding or in writing.

  • Marginal note:Withdrawal if substantive evidence accepted

    (3) If substantive evidence has been accepted in the hearing, a party who wants to withdraw the party’s claim or the application to vacate or to cease refugee protection must make an application to the Division in accordance with rule 50.

 
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