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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)

Proceedings Conducted in Public

Marginal note:Minister considered party

  •  (1) For the purpose of this rule, the Minister is considered to be a party even if the Minister has not yet intervened in the appeal.

  • Marginal note:Application

    (2) A person who makes an application to the Division to have a proceeding conducted in public must do so in writing and in accordance with this rule rather than rule 37.

  • Marginal note:Oral application

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

  • Marginal note:Content of application

    (4) In the application, the person must

    • (a) state the decision they want the Division to make;

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

    • (c) state whether they want the Division to consider the application in public or in the absence of the public;

    • (d) give reasons why the Division should consider the application in public or in the absence of the public; and

    • (e) include any evidence that they want the Division to consider in deciding the application.

  • Marginal note:Providing application

    (5) The person must provide the original application and two copies to the Division. The Division must provide a copy of the application to the parties.

  • Marginal note:Response to application

    (6) A party may respond to a written application. The response must

    • (a) state the decision they want the Division to make;

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

    • (c) state whether they want the Division to consider the application in public or in the absence of the public;

    • (d) give reasons why the Division should consider the application in public or in the absence of the public; and

    • (e) include any evidence that they want the Division to consider in deciding the application.

  • Marginal note:Minister’s notice

    (7) If the Minister responds to a written application, the response must be accompanied by a notice of intervention in accordance with subrule 4(2), if one was not previously provided.

  • Marginal note:Providing response

    (8) The party must provide a copy of the response to the other party and provide the original response and a copy to the Division, together with proof that the copy was provided to the other party.

  • Marginal note:Providing response to applicant

    (9) The Division must provide to the applicant either a copy of the response or a summary of the response referred to in paragraph (13)(a).

  • Marginal note:Reply to response

    (10) An applicant or a party may reply in writing to a written response or a summary of a response.

  • Marginal note:Providing reply

    (11) An applicant or a party who replies to a written response or a summary of a response must provide the original reply and two copies to the Division. The Division must provide a copy of the reply to the parties.

  • Marginal note:Time limit

    (12) An application made under this rule must be received by the Division without delay. The Division must specify the time limit within which a response or reply, if any, is to be provided.

  • Marginal note:Confidentiality

    (13) The Division may take any measures it considers necessary to ensure the confidentiality of the proceeding in respect of the application, including

    • (a) providing a summary of the response to the applicant instead of a copy; and

    • (b) if the Division holds a hearing in respect of the appeal and the application,

      • (i) excluding the applicant or the applicant and their counsel from the hearing while the party responding to the application provides evidence and makes representations, or

      • (ii) allowing the presence of the applicant’s counsel at the hearing while the party responding to the application provides evidence and makes representations, on receipt of a written undertaking by counsel not to disclose any evidence or information adduced until a decision is made to hold the hearing in public.

  • Marginal note:Summary of response

    (14) If the Division provides a summary of the response under paragraph (13)(a), or excludes the applicant and their counsel from a hearing in respect of the application under subparagraph (13)(b)(i), the Division must provide a summary of the representations and evidence, if any, that is sufficient to enable the applicant to reply, while ensuring the confidentiality of the proceeding having regard to the factors set out in paragraph 166(b) of the Act.

  • Marginal note:Notification of decision on application

    (15) The Division must notify the applicant and the parties of its decision on the application and provide reasons for the decision.

Assignment of Three-member Panel

Marginal note:Notice of order

  •  (1) If the Chairperson of the Board orders a proceeding to be conducted by three Division members, the Division must without delay notify the parties — including the Minister even if the Minister has not yet intervened in the appeal — and the UNHCR in writing of the order.

  • Marginal note:Providing documents to UNHCR

    (2) The Division must provide the UNHCR with a copy of the following documents at the same time that it provides notice of the order:

    • (a) the Refugee Protection Division record; and

    • (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.

  • Marginal note:UNHCR’s notice to Division

    (3) If the UNHCR receives notice of an order, the UNHCR may provide notice to the Division in accordance with subrule 45(1) of its intention to provide written submissions.

  • Marginal note:Time limit

    (4) The Division may, without further notice to the parties and to the UNHCR, decide the appeal on the basis of the materials provided if a period of 15 days has passed since the day on which the Minister and the UNHCR receive notice of the order.

UNHCR and Interested Persons

Marginal note:Rules applicable to UNHCR and interested persons

 These Rules, with the exception of rules 25 (notice of constitutional question) and 47 to 49 (withdrawal, reinstatement, reopening), apply to the UNHCR and interested persons with any modifications that the circumstances require.

Marginal note:Notice to Division

  •  (1) The UNHCR must notify the Division in writing of its intention to provide written submissions in an appeal conducted by a three-member panel, and include its contact information and that of its counsel, if any.

  • Marginal note:Notice to person and Minister

    (2) The Division must without delay provide a copy of the UNHCR’s notice to the person who is the subject of the appeal and to the Minister.

  • Marginal note:Providing written submissions to Division

    (3) The UNHCR’s written submissions must be received by the Division no later than 10 days after the day on which the UNHCR provided the notice.

  • Marginal note:Limitation — written submissions

    (4) The UNHCR’s written submissions must not raise new issues.

  • Marginal note:Length of written submissions

    (5) The UNHCR’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

    (6) The Division must without delay provide a copy of the UNHCR’s written submissions to the person who is the subject of the appeal and to the Minister.

  • Marginal note:Response

    (7) The person who is the subject of the appeal or the Minister may respond to the UNHCR’s submissions in writing.

  • Marginal note:Limitation — response

    (8) A response must not raise new issues.

  • Marginal note:Length of response

    (9) 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

    (10) The response must first be provided 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

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

  • Marginal note:Time limit

    (12) Documents provided under subrules (10) and (11) 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 UNHCR’s submissions.

 
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