Refugee Appeal Division Rules (SOR/2012-257)

Marginal note:Minister considered party

• 42 (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.