Adjudication Division Rules (SOR/93-47)

Regulations are current to 2014-08-05

Adjudication Division Rules

SOR/93-47

IMMIGRATION AND REFUGEE PROTECTION ACT

Registration 1993-01-28

Rules Governing the Activities of, and the Practice and Procedure in, the Adjudication Division of the Immigration and Refugee Board

P.C. 1993-160  1993-01-28

His Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Immigration, pursuant to subsection 65(1)Footnote * of the Immigration Act, is pleased hereby to approve the annexed Rules governing the activities of, and the practice and procedure in, the Adjudication Division of the Immigration and Refugee Board, made by the Chairperson of the Immigration and Refugee Board, in consultation with the Director General (Adjudication Division), the Deputy Chairperson (Convention Refugee Determination Division) and the Deputy Chairperson (Immigration Appeal Division), effective February 1, 1993.

SHORT TITLE

 These Rules may be cited as the Adjudication Division Rules.

INTERPRETATION

 In these Rules,

“Act”

“Act” means the Immigration Act; (Loi)

“counsel”

“counsel” means a person who represents a party in any proceeding before the Adjudication Division; (conseil)

“director”

“director” means a director of the Adjudication Division; (directeur)

“held”

“held” means, in respect of an inquiry, held, reopened, resumed or continued; (mener)

“notice to appear”

“notice to appear” means a notice to appear referred to in rule 9; (avis de convocation)

“party”

“party” means the person concerned or the Minister; (partie)

“person concerned”

“person concerned” means a person who is the subject of an inquiry or a person referred to in subrule 28(1); (intéressé)

“registrar”

“registrar” means a person designated pursuant to rule 4; (greffier)

“registry”

“registry” means an office established by the Board pursuant to rule 3. (greffe)

REGISTRY AND REGISTRAR

 The Board shall establish one or more offices for the activities of the Adjudication Division, each of which is to be known as a registry.

 The Board shall designate a person to be registrar at each registry.

REQUEST FOR INQUIRY

  •  (1) Where an inquiry is caused to be held pursuant to the Act, the senior immigration officer shall forward to the Adjudication Division a request for inquiry that contains the following information:

    • (a) the name, sex, date of birth, civil status and citizenship of the person concerned;

    • (b) the address and telephone number in Canada of the person concerned;

    • (c) any report and direction that relate to the person concerned;

    • (d) a statement as to whether the person concerned claims to be a Convention refugee;

    • (e) a statement as to whether the person concerned is detained and if so, the place of detention;

    • (f) where any members of the family who are dependent on the person concerned and who are in Canada are included for the purposes of subsection 33(1) of the Act, the name, sex, date of birth, civil status, citizenship, address and telephone number of those dependent family members;

    • (g) the official language chosen by the person concerned for communication with the Adjudication Division;

    • (h) where applicable, the language or dialect of the interpreter required by the person concerned for any proceeding;

    • (i) the Canada Employment and Immigration Commission Client I.D. Number relating to the person concerned;

    • (j) where applicable, the names of the family members of the person concerned who have been referred to the Adjudication Division for an inquiry and the file number of the Canada Employment and Immigration Commission relating to those family members;

    • (k) the date on which the senior immigration officer forwards the request for inquiry; and

    • (l) the name of the senior immigration officer.

  • (2) The senior immigration officer shall forward the information referred to in subrule (1) to the registry designated by the Adjudication Division.