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Refugee Appeal Division Rules (SOR/2012-257)

Regulations are current to 2019-11-19 and last amended on 2012-12-15. Previous Versions

PART 3Rules Applicable to All Appeals (continued)

Documents (continued)

Providing a Document (continued)

Marginal note:How to provide document

 A document may be provided in any of the following ways:

  • (a) by hand;

  • (b) by regular mail or registered mail;

  • (c) by courier;

  • (d) by fax if the recipient has a fax number and the document is no more than 20 pages long, unless the recipient consents to receiving more than 20 pages; and

  • (e) by email or other electronic means if the Division allows.

Marginal note:Application if unable to provide document

  •  (1) If a party is unable to provide a document in a way required by rule 32, the party may make an application to the Division to be allowed to provide the document in another way or to be excused from providing the document.

  • Marginal note:Form of application

    (2) The application must be made in accordance with rule 37.

  • Marginal note:Allowing application

    (3) The Division must not allow the application unless the party has made reasonable efforts to provide the document to the person to whom the document must be provided.

Marginal note:Proof document was provided

  •  (1) Proof that a document was provided must be established by

    • (a) an acknowledgment of receipt signed by the recipient or a statement of service, if the document was provided by hand;

    • (b) a confirmation of receipt if the document was provided by registered mail, courier, fax or email or other electronic means; or

    • (c) a statement of service if the document was provided by regular mail.

  • Marginal note:Statement of service

    (2) For the purpose of paragraph (1)(a) or (c), a statement of service consists of a written statement, signed by the person who provided the document, that includes the person’s name and a statement of how and when the document was provided.

  • Marginal note:Statement – unable to provide proof

    (3) If a party is unable to provide proof that a document was provided in a way required by paragraph (1)(a) to (c), the party must provide a written statement, signed by the party, that includes an explanation of why they are unable to provide proof.

Marginal note:When document received by division

  •  (1) A document provided to the Division or to the Refugee Protection Division is considered to be received on the day on which the document is date-stamped by that division.

  • Marginal note:When document received by recipient other than division

    (2) A document provided by regular mail other than to the Division or to the Refugee Protection Division is considered to be received seven days after the day on which it was mailed. If the seventh day is not a working day, the document is considered to be received on the next working day.

  • Marginal note:Extension of time limit — next working day

    (3) When the time limit for providing a document ends on a day that is not a working day, the time limit is extended to the next working day.

Applications

General

Marginal note:General provision

 Unless these Rules provide otherwise,

  • (a) a party who wants the Division to make a decision on any matter in a proceeding, including the procedure to be followed, must make an application to the Division in accordance with rule 37;

  • (b) a party who wants to respond to the application must respond in accordance with rule 38; and

  • (c) a party who wants to reply to a response must reply in accordance with rule 39.

How to Make an Application

Marginal note:Form of application and time limit

  •  (1) Unless these Rules provide otherwise, an application must be made in writing and without delay.

  • Marginal note:Oral application

    (2) If a date for a hearing has been fixed, the Division must not allow a party to make an application orally at the hearing unless the party, with reasonable effort, could not have made a written application before that date.

  • Marginal note:Content of application

    (3) Unless these Rules provide otherwise, in a written application, the party must

    • (a) state the decision the party wants the Division to make;

    • (b) give reasons why the Division should make that decision; and

    • (c) if there is another party and the views of that party are known, state whether the other party agrees to the application.

  • Marginal note:Affidavit or statutory declaration

    (4) Unless these Rules provide otherwise, any evidence that the party wants the Division to consider with a written application must be given in an affidavit or statutory declaration that accompanies the application.

  • Marginal note:Providing application to other party and Division

    (5) A party who makes a written application must provide

    • (a) to any other party, a copy of the application and a copy of any affidavit or statutory declaration; and

    • (b) to the Division, the original application and the original of any affidavit or statutory declaration, together with proof that a copy was provided to any other party.

How to Respond to a Written Application

Marginal note:Responding to written application

  •  (1) A response to a written application must be in writing and

    • (a) state the decision the party wants the Division to make; and

    • (b) give reasons why the Division should make that decision.

  • Marginal note:Evidence in written response

    (2) Any evidence that the party wants the Division to consider with the written response must be given in an affidavit or statutory declaration that accompanies the response. Unless the Division requires it, an affidavit or statutory declaration is not required if the party who made the application was not required to give evidence in an affidavit or statutory declaration, together with the application.

  • Marginal note:Providing response

    (3) A party who responds to a written application must provide

    • (a) to the other party, a copy of the response and a copy of any affidavit or statutory declaration; and

    • (b) to the Division, the original response and the original of any affidavit or statutory declaration, together with proof that a copy was provided to the other party.

  • Marginal note:Time limit

    (4) Documents provided under subrule (3) must be received by their recipients no later than seven days after the day on which the party receives the copy of the application.

How to Reply to a Written Response

Marginal note:Replying to written response

  •  (1) A reply to a written response must be in writing.

  • Marginal note:Evidence in reply

    (2) Any evidence that the party wants the Division to consider with the written reply must be given in an affidavit or statutory declaration that accompanies the reply. Unless the Division requires it, an affidavit or statutory declaration is not required if the party was not required to give evidence in an affidavit or statutory declaration, together with the application.

  • Marginal note:Providing reply

    (3) A party who replies to a written response must provide

    • (a) to the other party, a copy of the reply and a copy of any affidavit or statutory declaration; and

    • (b) to the Division, the original reply and the original of any affidavit or statutory declaration, together with proof that a copy was provided to the other party.

  • Marginal note:Time limit

    (4) Documents provided under subrule (3) must be received by their recipients no later than five days after the day on which the party receives the copy of the response.

Joining or Separating Appeals

Marginal note:Appeals automatically joined

 The Division must join any appeals of decisions on claims that were joined at the time that the Refugee Protection Division decided the claims.

Marginal note:Application to join

  •  (1) A party may make an application to the Division to join appeals.

  • Marginal note:Application to separate

    (2) A party may make an application to the Division to separate appeals that are joined.

  • Marginal note:Form of application and providing application

    (3) A party who makes an application to join or separate appeals must do so in accordance with rule 37, but the party is not required to give evidence in an affidavit or statutory declaration. The party must also

    • (a) provide a copy of the application to any person who will be affected by the Division’s decision on the application; and

    • (b) provide to the Division proof that the party provided the copy of the application to any affected person.

  • Marginal note:Time limit

    (4) Documents provided under this rule must be received by their recipients,

    • (a) if the person who is the subject of the appeal is the applicant, at the same time as the Division receives the person’s notice of appeal, notice of intent to respond or reply record; or

    • (b) if the Minister is the applicant, at the same time as the Division receives the Minister’s notice of appeal, notice of intervention or reply.

  • Marginal note:Factors

    (5) In deciding the application, the Division must consider any relevant factors, including whether

    • (a) the appeals involve similar questions of fact or law;

    • (b) allowing the application would promote the efficient administration of the Division’s work; and

    • (c) allowing the application would likely cause an injustice.

 
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