Refugee Appeal Division Rules (SOR/2012-257)

Marginal note:Application by person to participate

• 46 (1) Any person, other than the UNHCR, may make an application to the Division to be allowed to participate in an appeal conducted by a three-member panel. The person must make the application without delay and in accordance with this rule.

• Marginal note:Form and content of application

  (2) The application must be in writing and include

  • (a) the applicant’s name;

  • (b) an explanation of why the applicant wants to participate;

  • (c) the submissions the applicant wants to put forward and an explanation of how they are relevant to the appeal;

  • (d) an explanation of the differences between the applicant’s submissions and those of the person who is the subject of the appeal and the Minister;

  • (e) an explanation of how the applicant’s submissions may help the Division decide the appeal; and

  • (f) the contact information of the applicant and their counsel, if any.

• Marginal note:Providing application

  (3) The Division must provide a copy of the application to the person who is the subject of the appeal and to the Minister.

• Marginal note:Response

  (4) The person who is the subject of the appeal or the Minister may respond to the application in writing.

• Marginal note:Limitation — response

  (5) A response must not raise new issues.

• Marginal note:Length of response

  (6) A response must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

• Marginal note:Time limit

  (7) A response must be received by the Division no later than 10 days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the application.

• Marginal note:Notification of decision on application

  (8) The Division must without delay notify the applicant, the person who is the subject of the appeal and the Minister in writing of its decision on the application.

• Marginal note:Providing documents

  (9) If the Division allows the application, it must without delay provide the interested person with a copy of the following documents as soon as they are available:

  • (a) the Refugee Protection Division record;

  • (b) the notice of appeal, appellant’s record, notice of intent to respond, respondent’s record, reply record, Minister’s notice of intervention, Minister’s intervention record, if any, Minister’s reply, and Minister’s reply record, if any; and

  • (c) the written submissions of any other interested person and the UNHCR.

• Marginal note:Limitation — written submissions

  (10) The interested person’s written submissions must not raise new issues.

• Marginal note:Length of written submissions

  (11) The interested person’s written submissions must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

• Marginal note:Providing written submissions

  (12) The interested person’s written submissions must first be provided to the person who is the subject of the appeal and to the Minister and then to the Division.

• Marginal note:Proof written submissions provided

  (13) The written submissions provided to the Division must be accompanied by proof that they were provided to the person who is the subject of the appeal and to the Minister.

• Marginal note:Response

  (14) The person who is the subject of the appeal or the Minister may respond to the written submissions in writing.

• Marginal note:Limitation — response

  (15) A response must not raise new issues.

• Marginal note:Length of response

  (16) A response must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

• Marginal note:Providing response

  (17) The response must first be provided to the interested person, then to the person who is the subject of the appeal or to the Minister, as the case may be, and then to the Division.

• Marginal note:Proof response provided

  (18) The response provided to the Division must be accompanied by proof that it was provided to the interested person, and to the person who is the subject of the appeal or to the Minister, as the case may be.

• Marginal note:Time limit

  (19) Documents provided under subrules (17) and (18) must be received by their recipients no later than seven days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the interested person’s written submissions.