Refugee Appeal Division Rules (SOR/2012-257)

Marginal note:Response to appeal

• 10 (1) To respond to an appeal, the person who is the subject of the appeal must provide, first to the Minister and then to the Division, a written notice of intent to respond, together with the respondent’s record.

• Marginal note:Content of notice of intent to respond

  (2) In the notice of intent to respond, the respondent must indicate

  • (a) their name and telephone number, and an address where documents can be provided to them;

  • (b) if represented by counsel, counsel’s contact information and any limitations on counsel’s retainer;

  • (c) the identification number given by the Department of Citizenship and Immigration to them;

  • (d) the Refugee Protection Division file number and the date of the notice of decision relating to the decision being appealed;

  • (e) the language — English or French — chosen by them as the language of the appeal; and

  • (f) the representative’s contact information if the Refugee Protection Division has designated a representative for them in the proceedings relating to the decision being appealed, and any proposed change in representative.

• Marginal note:Content of respondent’s record

  (3) The respondent’s record must contain the following documents, on consecutively numbered pages, in the following order:

  • (a) all or part of the transcript of the Refugee Protection Division hearing if the respondent wants to rely on the transcript in the appeal and the transcript was not provided with the appellant’s record, together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate;

  • (b) a written statement indicating

    • (i) whether the respondent is requesting that a hearing be held under subsection 110(6) of the Act, and if they are requesting a hearing, whether they are making an application under rule 66 to change the location of the hearing, and

    • (ii) the language and dialect, if any, to be interpreted, if the Division decides that a hearing is necessary and the respondent needs an interpreter;

  • (c) any documentary evidence that the respondent wants to rely on in the appeal;

  • (d) any law, case law or other legal authority that the respondent wants to rely on in the appeal; and

  • (e) a memorandum that includes full and detailed submissions regarding

    • (i) the grounds on which the respondent is contesting the appeal,

    • (ii) the decision the respondent wants the Division to make, and

    • (iii) why the Division should hold a hearing under subsection 110(6) of the Act if the respondent is requesting that a hearing be held.

• Marginal note:Length of memorandum

  (4) The memorandum referred to in paragraph (3)(e) must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

• Marginal note:Proof documents were provided

  (5) The notice of intent to respond and the respondent’s record provided to the Division must be accompanied by proof that they were provided to the Minister.

• Marginal note:Time limit

  (6) Documents provided under this rule must be received by the Division no later than 15 days after

  • (a) the day on which the respondent receives any supporting documents; or

  • (b) if the Division allows an application for an extension of time to perfect the appeal under rule 12, the day on which the respondent is notified of the decision to allow the extension of time.