Refugee Appeal Division Rules (SOR/2012-257)

Marginal note:Notice of intervention

• 4 (1) To intervene in an appeal at any time before the Division makes a decision, the Minister must provide, first to the appellant and then to the Division, a written notice of intervention, together with any documentary evidence that the Minister wants to rely on in the appeal.

• Marginal note:Content of notice of intervention

  (2) In the notice of intervention, the Minister must indicate

  • (a) counsel’s contact information;

  • (b) the identification number given by the Department of Citizenship and Immigration to the appellant;

  • (c) the appellant’s name, the Refugee Protection Division file number, the date of the notice of decision relating to the decision being appealed and the date that the Minister received the written reasons for the decision;

  • (d) whether the Minister is relying on any documentary evidence referred to in subsection 110(3) of the Act and the relevance of that evidence; and

  • (e) whether the Minister is requesting that a hearing be held under subsection 110(6) of the Act, and if the Minister is requesting a hearing, why the Division should hold a hearing and whether the Minister is making an application under rule 66 to change the location of the hearing.

• Marginal note:Minister’s intervention record

  (3) In addition to the documents referred to in subrule (1), the Minister may provide, first to the appellant and then to the Division, the Minister’s intervention record containing 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 Minister 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) any law, case law or other legal authority that the Minister wants to rely on in the appeal; and

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

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

    • (ii) the decision the Minister wants the Division to make.

• Marginal note:Length of memorandum

  (4) The memorandum referred to in paragraph (3)(c) 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 documents provided to the Division under this rule must be accompanied by proof that they were provided to the appellant.