Refugee Appeal Division Rules (SOR/2012-257)

Regulations are current to 2017-11-20 and last amended on 2012-12-15. Previous Versions

Assignment of Three-member Panel

Marginal note:Notice of order
  •  (1) If the Chairperson of the Board orders a proceeding to be conducted by three Division members, the Division must without delay notify the parties — including the Minister even if the Minister has not yet intervened in the appeal — and the UNHCR in writing of the order.

  • Marginal note:Providing documents to UNHCR

    (2) The Division must provide the UNHCR with a copy of the following documents at the same time that it provides notice of the order:

    • (a) the Refugee Protection Division record; and

    • (b) the notice of appeal, appellant’s record, notice of intent to respond, respondent’s record, reply record, Minister’s notice of intervention, Minister’s intervention record, if any, Minister’s reply, and Minister’s reply record, if any.

  • Marginal note:UNHCR’s notice to Division

    (3) If the UNHCR receives notice of an order, the UNHCR may provide notice to the Division in accordance with subrule 45(1) of its intention to provide written submissions.

  • Marginal note:Time limit

    (4) The Division may, without further notice to the parties and to the UNHCR, decide the appeal on the basis of the materials provided if a period of 15 days has passed since the day on which the Minister and the UNHCR receive notice of the order.

UNHCR and Interested Persons

Marginal note:Rules applicable to UNHCR and interested persons

 These Rules, with the exception of rules 25 (notice of constitutional question) and 47 to 49 (withdrawal, reinstatement, reopening), apply to the UNHCR and interested persons with any modifications that the circumstances require.

Marginal note:Notice to Division
  •  (1) The UNHCR must notify the Division in writing of its intention to provide written submissions in an appeal conducted by a three-member panel, and include its contact information and that of its counsel, if any.

  • Marginal note:Notice to person and Minister

    (2) The Division must without delay provide a copy of the UNHCR’s notice to the person who is the subject of the appeal and to the Minister.

  • Marginal note:Providing written submissions to Division

    (3) The UNHCR’s written submissions must be received by the Division no later than 10 days after the day on which the UNHCR provided the notice.

  • Marginal note:Limitation — written submissions

    (4) The UNHCR’s written submissions must not raise new issues.

  • Marginal note:Length of written submissions

    (5) The UNHCR’s written submissions must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

  • Marginal note:Providing written submissions

    (6) The Division must without delay provide a copy of the UNHCR’s written submissions to the person who is the subject of the appeal and to the Minister.

  • Marginal note:Response

    (7) The person who is the subject of the appeal or the Minister may respond to the UNHCR’s submissions in writing.

  • Marginal note:Limitation — response

    (8) A response must not raise new issues.

  • Marginal note:Length of response

    (9) A response must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

  • Marginal note:Providing response

    (10) The response must first be provided to the person who is the subject of the appeal or to the Minister, as the case may be, and then to the Division.

  • Marginal note:Proof response provided

    (11) The response provided to the Division must be accompanied by proof that it was provided to the person who is the subject of the appeal or to the Minister, as the case may be.

  • Marginal note:Time limit

    (12) Documents provided under subrules (10) and (11) must be received by their recipients no later than seven days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the UNHCR’s submissions.

Marginal note:Application by person to participate
  •  (1) Any person, other than the UNHCR, may make an application to the Division to be allowed to participate in an appeal conducted by a three-member panel. The person must make the application without delay and in accordance with this rule.

  • Marginal note:Form and content of application

    (2) The application must be in writing and include

    • (a) the applicant’s name;

    • (b) an explanation of why the applicant wants to participate;

    • (c) the submissions the applicant wants to put forward and an explanation of how they are relevant to the appeal;

    • (d) an explanation of the differences between the applicant’s submissions and those of the person who is the subject of the appeal and the Minister;

    • (e) an explanation of how the applicant’s submissions may help the Division decide the appeal; and

    • (f) the contact information of the applicant and their counsel, if any.

  • Marginal note:Providing application

    (3) The Division must provide a copy of the application to the person who is the subject of the appeal and to the Minister.

  • Marginal note:Response

    (4) The person who is the subject of the appeal or the Minister may respond to the application in writing.

  • Marginal note:Limitation — response

    (5) A response must not raise new issues.

  • Marginal note:Length of response

    (6) A response 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

    (7) A response must be received by the Division no later than 10 days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the application.

  • Marginal note:Notification of decision on application

    (8) The Division must without delay notify the applicant, the person who is the subject of the appeal and the Minister in writing of its decision on the application.

  • Marginal note:Providing documents

    (9) If the Division allows the application, it must without delay provide the interested person with a copy of the following documents as soon as they are available:

    • (a) the Refugee Protection Division record;

    • (b) the notice of appeal, appellant’s record, notice of intent to respond, respondent’s record, reply record, Minister’s notice of intervention, Minister’s intervention record, if any, Minister’s reply, and Minister’s reply record, if any; and

    • (c) the written submissions of any other interested person and the UNHCR.

  • Marginal note:Limitation — written submissions

    (10) The interested person’s written submissions must not raise new issues.

  • Marginal note:Length of written submissions

    (11) The interested person’s written submissions must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

  • Marginal note:Providing written submissions

    (12) The interested person’s written submissions must first be provided to the person who is the subject of the appeal and to the Minister and then to the Division.

  • Marginal note:Proof written submissions provided

    (13) The written submissions provided to the Division must be accompanied by proof that they were provided to the person who is the subject of the appeal and to the Minister.

  • Marginal note:Response

    (14) The person who is the subject of the appeal or the Minister may respond to the written submissions in writing.

  • Marginal note:Limitation — response

    (15) A response must not raise new issues.

  • Marginal note:Length of response

    (16) A response must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

  • Marginal note:Providing response

    (17) The response must first be provided to the interested person, then to the person who is the subject of the appeal or to the Minister, as the case may be, and then to the Division.

  • Marginal note:Proof response provided

    (18) The response provided to the Division must be accompanied by proof that it was provided to the interested person, and to the person who is the subject of the appeal or to the Minister, as the case may be.

  • Marginal note:Time limit

    (19) Documents provided under subrules (17) and (18) must be received by their recipients no later than seven days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the interested person’s written submissions.

 
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