Refugee Protection Division Rules (SOR/2012-256)

Marginal note:Application to reopen claim

• 62 (1) At any time before the Refugee Appeal Division or the Federal Court has made a final determination in respect of a claim for refugee protection that has been decided or declared abandoned, the claimant or the Minister may make an application to the Division to reopen the claim.

• Marginal note:Form of application

  (2) The application must be made in accordance with rule 50 and, for the purpose of paragraph 50(5)(a), the Minister is considered to be a party whether or not the Minister took part in the proceedings.

• Marginal note:Contact information

  (3) If a claimant makes the application, they must include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer.

• Marginal note:Allegations against counsel

  (4) If it is alleged in the application that the claimant’s counsel in the proceedings that are the subject of the application provided inadequate representation,

  • (a) the claimant must first provide a copy of the application to the counsel and then provide the original application to the Division, and

  • (b) the application provided to the Division must be accompanied by a written statement indicating how and when the copy of the application was provided to the counsel.

• Marginal note:Copy of notice of appeal or pending application

  (5) The application must be accompanied by a copy of any notice of pending appeal or any pending application for leave to apply for judicial review or any pending application for judicial review.

• Marginal note:Factor

  (6) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice.

• Marginal note:Factors

  (7) In deciding the application, the Division must consider any relevant factors, including

  • (a) whether the application was made in a timely manner and the justification for any delay; and

  • (b) the reasons why

    • (i) a party who had the right of appeal to the Refugee Appeal Division did not appeal, or

    • (ii) a party did not make an application for leave to apply for judicial review or an application for judicial review.

• Marginal note:Subsequent application

  (8) If the party made a previous application to reopen that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.

• Marginal note:Other remedies

  (9) If there is a pending appeal to the Refugee Appeal Division or a pending application for leave to apply for judicial review or a pending application for judicial review on the same or similar grounds, the Division must, as soon as is practicable, allow the application to reopen if it is necessary for the timely and efficient processing of a claim, or dismiss the application.