Adjudication Division Rules (SOR/93-47)

Regulations are current to 2016-04-12

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.

Joinder

  •  (1) The Adjudication Division may order that two or more inquiries be held jointly where the Adjudication Division believes that no injustice is thereby likely to be caused to any party.

  • (2) Subject to subsection (3), inquiries in respect of the legal or de facto spouse, dependant children, father, mother, brothers or sisters of the person concerned shall be held jointly.

  • (3) On application by a party, or on the adjudicator’s own motion at the time of the inquiry, the adjudicator may order that inquiries be held separately, where the adjudicator believes that holding hearings jointly is likely to cause an injustice to any party.

Change of Venue

  •  (1) A party may apply in accordance with rule 19 to the Adjudication Division to have a conference or hearing held at a place other than that which has been set.

  • (2) An application made under subrule (1) shall be accompanied by a statement of facts to support the application.

  • (3) The Adjudication Division shall grant the application made under subrule (1) if it is satisfied that doing so will not adversely affect the proper operation of the Adjudication Division, will provide for a full and proper hearing and will dispose of the inquiry expeditiously.

  • (4) Where an application made under subrule (1) is granted, the file relating to the inquiry shall be transferred to the registry of the place where the conference or hearing is to be held.

Postponement and Adjournment

  •  (1) Before the commencement of a hearing, a party may apply in accordance with rule 19 to the Adjudication Division to have the hearing postponed.

  • (2) Before the resumption of a hearing, a party may apply in accordance with rule 19 to the Adjudication Division to have the hearing adjourned.

  • (3) A party whose application for a postponement or adjournment was denied may reapply orally at the commencement or resumption of the hearing.

  • (4) The Adjudication Division, in determining whether a hearing shall be postponed or adjourned, may take into consideration, where applicable,

    • (a) whether the postponement or adjournment would unreasonably impede the proceeding;

    • (b) the efforts made by the parties to proceed expeditiously;

    • (c) the nature and complexity of the issues relevant to the proceeding;

    • (d) the nature of the evidence to be presented, and the likelihood of causing an injustice to any party by proceeding in the absence of that evidence;

    • (e) counsel’s knowledge of, and experience with, similar proceedings;

    • (f) the amount of time already afforded the parties for preparation of the case;

    • (g) the efforts made by the parties to be present at the hearing;

    • (h) the efforts made by the parties to make an application for a postponement or adjournment of the hearing at the earliest opportunity;

    • (i) the number of, and reasons for, any previous postponements or adjournments;

    • (j) whether the hearing was set peremptorily; and

    • (k) any other relevant facts.

Notice to Appear

  •  (1) Where the Adjudication Division directs a party to appear before it at a conference or hearing, the Adjudication Division shall, in a notice to appear, set out

    • (a) the date, time and place set for the conference or hearing;

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

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

    • (d) the names and addresses of the family members of the person concerned referred to in paragraph 5(1)(f);

    • (e) the purpose of the conference or hearing;

    • (f) the right of the person concerned and of any person referred to in paragraph (d) to be represented by counsel at their own expense;

    • (g) the requirement that the person concerned inform the Adjudication Division forthwith, in writing, of any change of address of the person concerned or of counsel of the person concerned; and

    • (h) that the person concerned could be arrested for failing to appear at the date, time and place set for the conference or hearing.

  • (2) The Adjudication Division shall serve the parties and any person referred to in paragraph (1)(d) with the notice to appear and a copy of any report and direction that relate to the person concerned who is subject of the inquiry.

 
Date modified: