Refugee Appeal Division Rules (SOR/2012-257)

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Refugee Appeal Division Rules

SOR/2012-257

IMMIGRATION AND REFUGEE PROTECTION ACT

Registration 2012-11-30

Refugee Appeal Division Rules

P.C. 2012-1595 2012-11-29

The Chairperson of the Immigration and Refugee Board, pursuant to subsection 161(1) of the Immigration and Refugee Protection ActFootnote a, and subject to the approval of the Governor in Council, in consultation with the Deputy Chairpersons and the Director General of the Immigration Division, makes the annexed Refugee Appeal Division Rules.

Ottawa, October 26, 2012

BRIAN P. GOODMAN
Chairperson of the Immigration and Refugee Board

His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 161(1) of the Immigration and Refugee Protection ActFootnote a, approves the annexed Refugee Appeal Division Rules, made by the Chairperson of the Immigration and Refugee Board, in consultation with the Deputy Chairpersons and the Director General of the Immigration Division.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Rules.

Act

Loi

Act means the Immigration and Refugee Protection Act. (Loi)

appellant

appelant

appellant means a person who is the subject of an appeal, or the Minister, who makes an appeal to the Division from a decision of the Refugee Protection Division. (appelant)

contact information

coordonnées

contact information means, with respect to a person,

  • (a) the person’s name, postal address and telephone number, and their fax number and email address, if any; and

  • (b) in the case of counsel for a person who is the subject of an appeal, if the counsel is a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, in addition to the information referred to in paragraph (a), the name of the body of which the counsel is a member and the membership identification number issued to the counsel. (coordonnées)

Division

Section

Division means the Refugee Appeal Division. (Section)

interested person

personne intéressée

interested person means a person whose application to participate in an appeal under rule 46 has been granted. (personne intéressée)

party

partie

party means,

  • (a) in the case of an appeal by a person who is the subject of an appeal, the person and, if the Minister intervenes in the appeal, the Minister; and

  • (b) in the case of an appeal by the Minister, the person who is the subject of the appeal and the Minister. (partie)

proceeding

procédure

proceeding includes a conference, an application, or an appeal that is decided with or without a hearing. (procédure)

registry office

greffe

registry office means a business office of the Division. (greffe)

Regulations

Règlement

Regulations means the Immigration and Refugee Protection Regulations. (Règlement)

respondent

intimé

respondent means a person who is the subject of an appeal in the case of an appeal by the Minister. (intimé)

UNHCR

HCR

UNHCR means the United Nations High Commissioner for Refugees and includes its representative or agent. (HCR)

vulnerable person

personne vulnérable

vulnerable person means a person who has been identified as vulnerable under the Guideline on Procedures with Respect to Vulnerable Persons Appearing Before the IRB issued under paragraph 159(1)(h) of the Act. (personne vulnérable)

working day

jour ouvrable

working day does not include Saturdays, Sundays or other days on which the Board offices are closed. (jour ouvrable)

PART 1Rules Applicable to Appeals Made by a Person Who Is the Subject of an Appeal

Filing and Perfecting an Appeal

Marginal note:Filing appeal
  •  (1) To file an appeal, the person who is the subject of the appeal must provide to the Division three copies of a written notice of appeal.

  • Marginal note:Copy provided to Minister

    (2) The Division must provide a copy of the notice of appeal to the Minister without delay.

  • Marginal note:Content of notice of appeal

    (3) In the notice of appeal, the appellant 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, the date of the notice of decision relating to the decision being appealed and the date that they received the written reasons for the decision;

    • (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:Time limit

    (4) The notice of appeal provided under this rule must be received by the Division within the time limit for filing an appeal set out in the Regulations.

Marginal note:Perfecting appeal
  •  (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.

 
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