Refugee Protection Division Rules (SOR/2012-256)

Regulations are current to 2017-10-13 and last amended on 2012-12-15. Previous Versions

Reinstating a Withdrawn Claim or Application

Marginal note:Application to reinstate withdrawn claim
  •  (1) A person may make an application to the Division to reinstate a claim that was made by the person and was withdrawn.

  • Marginal note:Form and content of application

    (2) The person must make the application in accordance with rule 50, include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer, and provide a copy of the application to the Minister.

  • Marginal note:Factors

    (3) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice or it is otherwise in the interests of justice to allow the application.

  • Marginal note:Factors

    (4) In deciding the application, the Division must consider any relevant factors, including whether the application was made in a timely manner and the justification for any delay.

  • Marginal note:Subsequent application

    (5) If the person made a previous application to reinstate that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.

Marginal note:Application to reinstate withdrawn application to vacate or to cease refugee protection
  •  (1) The Minister may make an application to the Division to reinstate an application to vacate or to cease refugee protection that was withdrawn.

  • Marginal note:Form of application

    (2) The Minister must make the application in accordance with rule 50.

  • Marginal note:Factors

    (3) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice or it is otherwise in the interests of justice to allow the application.

  • Marginal note:Factors

    (4) In deciding the application, the Division must consider any relevant factors, including whether the application was made in a timely manner and the justification for any delay.

  • Marginal note:Subsequent application

    (5) If the Minister made a previous application to reinstate that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.

Reopening a Claim or Application

Marginal note:Application to reopen claim
  •  (1) At any time before the Refugee Appeal Division or the Federal Court has made a final determination in respect of a claim for refugee protection that has been decided or declared abandoned, the claimant or the Minister may make an application to the Division to reopen the claim.

  • Marginal note:Form of application

    (2) The application must be made in accordance with rule 50 and, for the purpose of paragraph 50(5)(a), the Minister is considered to be a party whether or not the Minister took part in the proceedings.

  • Marginal note:Contact information

    (3) If a claimant makes the application, they must include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer.

  • Marginal note:Allegations against counsel

    (4) If it is alleged in the application that the claimant’s counsel in the proceedings that are the subject of the application provided inadequate representation,

    • (a) the claimant must first provide a copy of the application to the counsel and then provide the original application to the Division, and

    • (b) the application provided to the Division must be accompanied by a written statement indicating how and when the copy of the application was provided to the counsel.

  • Marginal note:Copy of notice of appeal or pending application

    (5) The application must be accompanied by a copy of any notice of pending appeal or any pending application for leave to apply for judicial review or any pending application for judicial review.

  • Marginal note:Factor

    (6) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice.

  • Marginal note:Factors

    (7) In deciding the application, the Division must consider any relevant factors, including

    • (a) whether the application was made in a timely manner and the justification for any delay; and

    • (b) the reasons why

      • (i) a party who had the right of appeal to the Refugee Appeal Division did not appeal, or

      • (ii) a party did not make an application for leave to apply for judicial review or an application for judicial review.

  • Marginal note:Subsequent application

    (8) If the party made a previous application to reopen that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.

  • Marginal note:Other remedies

    (9) If there is a pending appeal to the Refugee Appeal Division or a pending application for leave to apply for judicial review or a pending application for judicial review on the same or similar grounds, the Division must, as soon as is practicable, allow the application to reopen if it is necessary for the timely and efficient processing of a claim, or dismiss the application.

Marginal note:Application to reopen application to vacate or to cease refugee protection
  •  (1) At any time before the Federal Court has made a final determination in respect of an application to vacate or to cease refugee protection that has been decided or declared abandoned, the Minister or the protected person may make an application to the Division to reopen the application.

  • Marginal note:Form of application

    (2) The application must be made in accordance with rule 50.

  • Marginal note:Contact information

    (3) If a protected person makes the application, they must include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer, and they must provide a copy of the application to the Minister.

  • Marginal note:Allegations against counsel

    (4) If it is alleged in the application that the protected person’s counsel in the proceedings that are the subject of the application to reopen provided inadequate representation,

    • (a) the protected person must first provide a copy of the application to the counsel and then provide the original application to the Division, and

    • (b) the application provided to the Division must be accompanied by a written statement indicating how and when the copy of the application was provided to the counsel.

  • Marginal note:Copy of pending application

    (5) The application must be accompanied by a copy of any pending application for leave to apply for judicial review or any pending application for judicial review in respect of the application to vacate or to cease refugee protection.

  • Marginal note:Factor

    (6) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice.

  • Marginal note:Factors

    (7) In deciding the application, the Division must consider any relevant factors, including

    • (a) whether the application was made in a timely manner and the justification for any delay; and

    • (b) if a party did not make an application for leave to apply for judicial review or an application for judicial review, the reasons why an application was not made.

  • Marginal note:Subsequent application

    (8) If the party made a previous application to reopen that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.

  • Marginal note:Other remedies

    (9) If there is a pending application for leave to apply for judicial review or a pending application for judicial review on the same or similar grounds, the Division must, as soon as is practicable, allow the application to reopen if it is necessary for the timely and efficient processing of a claim, or dismiss the application.

Applications to Vacate or to Cease Refugee Protection

Marginal note:Form of application
  •  (1) An application to vacate or to cease refugee protection made by the Minister must be in writing and made in accordance with this rule.

  • Marginal note:Content of application

    (2) In the application, the Minister must include

    • (a) the contact information of the protected person and of their counsel, if any;

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

    • (c) the date and file number of any Division decision with respect to the protected person;

    • (d) in the case of a person whose application for protection was allowed abroad, the person’s file number, a copy of the decision and the location of the office;

    • (e) the decision that the Minister wants the Division to make; and

    • (f) the reasons why the Division should make that decision.

  • Marginal note:Providing application to protected person and Division

    (3) The Minister must provide

    • (a) a copy of the application to the protected person; and

    • (b) the original of the application to the registry office that provided the notice of decision in the claim or to a registry office specified by the Division, together with a written statement indicating how and when a copy was provided to the protected person.

 
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