Refugee Appeal Division Rules (SOR/2012-257)

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

Intervention by the Minister

Marginal note:Notice of intervention
  •  (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
  •  (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.

Extension of Time

Marginal note:Application for extension of time to file or perfect
  •  (1) A person who is the subject of an appeal who makes an application to the Division for an extension of the time to file or to perfect an appeal under the Regulations must do so in accordance with rule 37, except that the person must provide to the Division the original and a copy of the application.

  • Marginal note:Copy provided to Minister

    (2) The Division must provide a copy of an application under subrule (1) to the Minister without delay.

  • Marginal note:Content of application

    (3) The person who is the subject of the appeal must include in an application under subrule (1)

    • (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; and

    • (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.

  • Marginal note:Accompanying documents — filing

    (4) An application for an extension of the time to file an appeal under subrule (1) must be accompanied by three copies of a written notice of appeal.

  • Marginal note:Accompanying documents — perfecting

    (5) An application for an extension of the time to perfect an appeal under subrule (1) must be accompanied by two copies of the appellant’s record.

  • Marginal note:Application for extension of time to reply

    (6) A person who is the subject of an appeal may make an application to the Division for an extension of the time to reply to a Minister’s intervention in accordance with rule 37.

  • Marginal note:Factors — reply

    (7) In deciding an application under subrule (6), the Division must consider any relevant factors, including

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

    • (b) whether there is an arguable case;

    • (c) prejudice to the Minister, if the application was granted; and

    • (d) the nature and complexity of the appeal.

  • Marginal note:Notification of decision on application

    (8) The Division must without delay notify, in writing, both the person who is the subject of the appeal and the Minister of its decision with respect to an application under subrule (1) or (6).

Disposition of an Appeal

Marginal note:Decision without further notice

 Unless a hearing is held under subsection 110(6) of the Act, the Division may, without further notice to the appellant and to the Minister, decide an appeal on the basis of the materials provided

  • (a) if a period of 15 days has passed since the day on which the Minister received the appellant’s record, or the time limit for perfecting the appeal set out in the Regulations has expired; or

  • (b) if the reply record has been provided, or the time limit for providing it has expired.

PART 2Rules Applicable to Appeals Made by the Minister

Filing and Perfecting an Appeal

Marginal note:Filing appeal
  •  (1) To file an appeal in accordance with subsection 110(1.1) of the Act, the Minister must provide, first to the person who is the subject of the appeal, a written notice of appeal, and then to the Division, two copies of the written notice of appeal.

  • Marginal note:Content of notice of appeal

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

    • (a) counsel’s contact information;

    • (b) the name of the person who is the subject of the appeal and the identification number given by the Department of Citizenship and Immigration to them; and

    • (c) 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.

  • Marginal note:Proof document was provided

    (3) The notice of appeal provided to the Division must be accompanied by proof that it was provided to the person who is the subject of the appeal.

  • 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.

 
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