Refugee Appeal Division Rules (SOR/2012-257)

Marginal note:Perfecting appeal

• 3 (1) To perfect an appeal, the person who is the subject of the appeal must provide to the Division two copies of the appellant’s record.

• Marginal note:Copy provided to Minister

  (2) The Division must provide a copy of the appellant’s record to the Minister without delay.

• Marginal note:Content of appellant’s record

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

  • (a) the notice of decision and written reasons for the Refugee Protection Division’s decision that the appellant is appealing;

  • (b) all or part of the transcript of the Refugee Protection Division hearing if the appellant wants to rely on the transcript in the appeal, together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate;

  • (c) any documents that the Refugee Protection Division refused to accept as evidence, during or after the hearing, if the appellant wants to rely on the documents in the appeal;

  • (d) a written statement indicating

    • (i) whether the appellant is relying on any evidence referred to in subsection 110(4) of the Act,

    • (ii) whether the appellant 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

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

  • (e) any documentary evidence that the appellant wants to rely on in the appeal;

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

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

    • (i) the errors that are the grounds of the appeal,

    • (ii) where the errors are located in the written reasons for the Refugee Protection Division’s decision that the appellant is appealing or in the transcript or in any audio or other electronic recording of the Refugee Protection Division hearing,

    • (iii) how any documentary evidence referred to in paragraph (e) meets the requirements of subsection 110(4) of the Act and how that evidence relates to the appellant,

    • (iv) the decision the appellant wants the Division to make, and

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

• Marginal note:Length of memorandum

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

• Marginal note:Time limit

  (5) The appellant’s record provided under this rule must be received by the Division within the time limit for perfecting an appeal set out in the Regulations.