Refugee Protection Division Rules (SOR/2012-256)

Marginal note:Opportunity to explain

• 65 (1) In determining whether a claim has been abandoned under subsection 168(1) of the Act, the Division must give the claimant an opportunity to explain why the claim should not be declared abandoned,

  • (a) immediately, if the claimant is present at the proceeding and the Division considers that it is fair to do so; or

  • (b) in any other case, by way of a special hearing.

• Marginal note:Special hearing — Basis of Claim Form

  (2) The special hearing on the abandonment of the claim for the failure to provide a completed Basis of Claim Form in accordance with paragraph 7(5)(a) must be held no later than five working days after the day on which the completed Basis of Claim Form was due. At the special hearing, the claimant must provide their completed Basis of Claim Form, unless the form has already been provided to the Division.

• Marginal note:Special hearing — failure to appear

  (3) The special hearing on the abandonment of the claim for the failure to appear for the hearing of the claim must be held no later than five working days after the day originally fixed for the hearing of the claim.

• Marginal note:Factors to consider

  (4) The Division must consider, in deciding if the claim should be declared abandoned, the explanation given by the claimant and any other relevant factors, including the fact that the claimant is ready to start or continue the proceedings.

• Marginal note:Medical reasons

  (5) If the claimant’s explanation includes medical reasons, other than those related to their counsel, they must provide, together with the explanation, the original of a legible, recently dated medical certificate signed by a qualified medical practitioner whose name and address are printed or stamped on the certificate.

• Marginal note:Content of certificate

  (6) The medical certificate must set out

  • (a) the particulars of the medical condition, without specifying the diagnosis, that prevented the claimant from providing the completed Basis of Claim Form on the due date, appearing for the hearing of the claim, or otherwise pursuing their claim, as the case may be; and

  • (b) the date on which the claimant is expected to be able to pursue their claim.

• Marginal note:Failure to provide medical certificate

  (7) If a claimant fails to provide a medical certificate in accordance with subrules (5) and (6), the claimant must include in their explanation

  • (a) particulars of any efforts they made to obtain the required medical certificate, supported by corroborating evidence;

  • (b) particulars of the medical reasons included in the explanation, supported by corroborating evidence; and

  • (c) an explanation of how the medical condition prevented them from providing the completed Basis of Claim Form on the due date, appearing for the hearing of the claim or otherwise pursuing their claim, as the case may be.

• Marginal note:Start or continue proceedings

  (8) If the Division decides not to declare the claim abandoned, other than under subrule (2), it must start or continue the proceedings on the day the decision is made or as soon as possible after that day.