Refugee Appeal Division Rules (SOR/2012-257)

Regulations are current to 2014-11-11 and last amended on 2012-12-15. Previous Versions

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.

“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.

“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.

“Division”

« Section »

“Division” means the Refugee Appeal Division.

“interested person”

« personne intéressée »

“interested person” means a person whose application to participate in an appeal under rule 46 has been granted.

“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.

“proceeding”

« procédure »

“proceeding” includes a conference, an application, or an appeal that is decided with or without a hearing.

“registry office”

« greffe »

“registry office” means a business office of the Division.

“Regulations”

« Règlement »

“Regulations” means the Immigration and Refugee Protection Regulations.

“respondent”

« intimé »

“respondent” means a person who is the subject of an appeal in the case of an appeal by the Minister.

“UNHCR”

« HCR »

“UNHCR” means the United Nations High Commissioner for Refugees and includes its representative or agent.

“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.

“working day”

« jour ouvrable »

“working day” does not include Saturdays, Sundays or other days on which the Board offices are closed.