Refugee Protection Division Rules
SOR/2002-228
IMMIGRATION AND REFUGEE PROTECTION ACT
Registration 2002-06-11
Refugee Protection Division Rules
P.C. 2002-998 2002-06-11
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, hereby makes the annexed Refugee Protection Division Rules.
Return to footnote aS.C. 2001, c. 27
Ottawa, May 7, 2002
Her 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, hereby approves the annexed Refugee Protection Division Rules, made on May 7, 2002 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
1 The following definitions apply in these Rules.
Act
Loi
Act means the Immigration and Refugee Protection Act. (Loi)
contact information
coordonnées
contact information means a person’s name, postal address and telephone number, and the person’s fax number and electronic mail address, if any. (coordonnées)
Division
Section
Division means the Refugee Protection Division. (Section)
officer
agent
officer means a person designated as an officer by the Minister under subsection 6(1) of the Act. (agent)
party
partie
party means
(a) in a claim for refugee protection, the claimant and, if the Minister intervenes in the claim, the Minister; and
(b) in an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection, the protected person and the Minister. (partie)
Personal Information Form
formulaire sur les renseignements personnels
Personal Information Form means the form in which a claimant gives the information set out in Schedule 1. (formulaire sur les renseignements personnels)
proceeding
procédure
proceeding includes a conference, an application, a hearing and an interview. (procédure)
refugee protection officer
agent de protection des réfugiés
refugee protection officer means an employee of the Board who helps the Division with a proceeding. (agent de protection des réfugiés)
registry office
greffe
registry office means a business office of the Division. (greffe)
Communicating with the Division
Marginal note:Communicating with the Division
2 All communication with the Division must be directed to the registry office specified by the Division.
Information and Documents to Be Provided to the Division
Claims for Refugee Protection
Marginal note:Providing Personal Information Form to claimant
3 (1) As soon as a claim for refugee protection is referred to the Division, or as soon as possible after it is deemed to be referred, an officer must provide a Personal Information Form to the claimant.
Marginal note:Providing information and documents to the Division
(2) After providing the Personal Information Form, the officer must without delay provide to the Division
(a) a written statement of how and when the form was provided to the claimant;
(b) the information required by Schedule 2; and
(c) a copy of any identity or travel documents of the claimant and of any other relevant documents that are in the possession of the officer.
Marginal note:Claimant’s contact information
4 (1) The claimant must provide the claimant’s contact information in writing to the Division and the Minister.
Marginal note:Time limit
(2) The claimant’s contact information must be received no later than 10 days after the claimant received the Personal Information Form.
Marginal note:Change to contact information
(3) If the claimant’s contact information changes, the claimant must without delay provide the changes in writing to the Division and the Minister.
Marginal note:Claimant’s counsel
(4) A claimant who is represented by counsel must, on obtaining counsel, provide the counsel’s contact information in writing to the Division and the Minister. If that information changes, the claimant must without delay provide the changes in writing to the Division and the Minister.
Personal Information Form
Marginal note:Personal Information Form
5 (1) The claimant must complete the Personal Information Form and sign and date the included declaration that states that
(a) the information given by the claimant is complete, true and correct; and
(b) the claimant knows that the declaration is of the same force and effect as if made under oath.
Marginal note:Form completed without interpreter
(2) If the claimant completes the Personal Information Form without an interpreter, the claimant must also sign and date the included declaration that states that the claimant can read the language of the form and understands what information is requested.
Marginal note:Interpreter’s declaration
(3) If the claimant completes the Personal Information Form with an interpreter, the interpreter must sign and date the included declaration that states
(a) the interpreter is proficient in the languages or dialects used, and was able to communicate fully with the claimant;
(b) the completed form and all attached documents were interpreted to the claimant; and
(c) the claimant assured the interpreter that the claimant understood what was interpreted.
Marginal note:Providing Personal Information Form to Division
6 (1) The claimant must provide to the Division the original and two copies of the completed Personal Information Form by one of the means, other than fax or electronic mail, described in rule 33. The completed forms must be received by the Division no later than 28 days after the claimant received the form.
Marginal note:Extension of time
(2) A claimant who cannot — or did not — meet the time limit set out in subsection (1) may apply to the Division for more time to provide the Personal Information Form. The claimant must follow rule 44 but is not required to give evidence in an affidavit or statutory declaration.
Marginal note:Documents to be attached to the form
(3) The claimant must attach to the original and both copies of the completed Personal Information Form a copy of their identity and travel documents, genuine or not, and a copy of any other relevant documents. The claimant does not have to attach copies of a document that has been seized by an officer.
Marginal note:Changes to the claimant’s information
(4) If a claimant wants to change any information given in the Personal Information Form, the claimant must provide to the Division three copies of each page of the form to which changes have been made. The claimant must sign and date each new page and underline the change made. This subsection does not apply to a change in the choice of language for the proceedings or the language of interpretation.
Marginal note:Documents obtained after providing the form
(5) If the claimant obtains a passport, travel document, identity document or any other relevant document after providing the Personal Information Form, the claimant must provide three copies of the document to the Division without delay.
Documents Establishing Identity and Other Elements of the Claim
Marginal note:Documents establishing identity and other elements of the claim
7 The claimant must provide acceptable documents establishing identity and other elements of the claim. A claimant who does not provide acceptable documents must explain why they were not provided and what steps were taken to obtain them.
Applications to Vacate or Cease Refugee Protection
Marginal note:Contact information
8 If an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection is made, the protected person must without delay notify the Division and the Minister in writing of
(a) any change in their contact information; and
(b) the contact information of their counsel, if represented by counsel, and any changes to that information.
Counsel of Record
Marginal note:Becoming counsel of record
9 As soon as counsel for a claimant or protected person agrees to a date for a proceeding, or as soon as a person becomes counsel after a date for a proceeding has been fixed, the counsel becomes counsel of record for the claimant or protected person.
Marginal note:Request to be removed as counsel of record
10 To be removed as counsel of record, counsel must make a request in writing to the Division and provide a copy of the request to the person represented and to the Minister, if the Minister is a party. If two working days or less remain before the date of a proceeding, counsel must make the request orally at the proceeding.
Marginal note:Removing counsel of record
11 (1) To remove counsel as counsel of record, the claimant or protected person must provide written notice to the Division, to counsel and to the Minister, if the Minister is a party, that counsel is no longer counsel for the claimant or protected person.
Marginal note:Ceasing to be counsel of record
(2) Counsel is no longer counsel of record when the Division receives the notice.
Language of Proceedings
Marginal note:Choice of language — claims for refugee protection
12 (1) The claimant must choose English or French as the language for the proceedings. The claimant must indicate that choice in the Personal Information Form.
Marginal note:Changing the choice of language
(2) The claimant may change the choice of language by notifying the Division in writing. The notice must be received by the Division no later than 20 days before the next proceeding.
Marginal note:Choice of language — Applications to Vacate or Cease Refugee Protection
13 (1) The language used by the Minister in an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection is the language of the proceedings.
Marginal note:Changing the language of the proceedings
(2) The protected person may change the language of the proceedings by notifying the Division in writing. The notice must be received by the Division no later than 20 days before the next proceeding.
Marginal note:Need for an interpreter
14 (1) If a claimant needs an interpreter for the proceedings, the claimant must indicate the language or dialect of the interpreter in the Personal Information Form.
Marginal note:Changing the language of interpretation — claimant
(2) If a claimant wants to change the language or dialect of interpretation chosen on their Personal Information Form, the claimant must notify the Division in writing and specify the language or dialect to be interpreted. The notice must be received by the Division no later than 20 days before the next proceeding.
Marginal note:Language of interpretation — protected person and witness
(3) If a protected person or any party’s witness needs an interpreter for a proceeding, the party must notify the Division in writing and specify the language or dialect of the interpreter. The notice must be received by the Division no later than 20 days before the proceeding.
Marginal note:Interpreter’s oath
(4) The interpreter must take an oath or make a solemn affirmation to interpret accurately.
Designated Representatives
Marginal note:Duty of counsel to notify
15 (1) If counsel for a party believes that the Division should designate a representative for the claimant or protected person in the proceedings because the claimant or protected person is under 18 years of age or unable to appreciate the nature of the proceedings, counsel must without delay notify the Division in writing. If counsel is aware of a person in Canada who meets the requirements to be designated as a representative, counsel must provide the person’s contact information in the notice.
Marginal note:Exception
(2) Subsection (1) does not apply in the case of a claimant under 18 years of age whose claim is joined with the claim of a person who is 18 years of age or older.
Marginal note:Requirements for being designated
(3) To be designated as a representative, a person must
(a) be 18 years of age or older;
(b) understand the nature of the proceedings;
(c) be willing and able to act in the best interests of the claimant or protected person; and
(d) not have interests that conflict with those of the claimant or protected person.
Refugee Protection Officers
Marginal note:Duties
16 The duties of refugee protection officers are, as directed by the Division, to
(a) review files to identify issues in a claim or other matter;
(b) conduct research and collect and provide information;
(c) hold interviews, prepare reports and make recommendations;
(d) participate in hearings and conferences;
(e) present evidence and call and question witnesses;
(f) make representations to the Division; and
(g) do any other thing that is necessary to ensure a full and proper examination of a claim or other matter.
Disclosure of Personal Information
Marginal note:Disclosure of information from another claim
17 (1) Subject to subsection (4), the Division may disclose to a claimant personal and other information that it wants to use from any other claim if the claims involve similar questions of fact or if the information is otherwise relevant to the determination of the claimant’s claim.
Marginal note:Notice
(2) If the personal or other information of another claimant has not been made public, the Division must make reasonable efforts to notify this person in writing that
(a) it intends to disclose the information to a claimant; and
(b) the person may object to this disclosure.
Marginal note:Request for disclosure
(3) In order to decide whether to object to the disclosure, the person notified may make a written request to the Division for personal and other information relating to the claimant. Subject to subsection (4), the Division may disclose only information that is necessary to permit the person to make an informed decision.
Marginal note:Information that may not be disclosed
(4) The Division must not disclose personal or other information if there is a serious possibility that it will endanger the life, liberty or security of any person or is likely to cause an injustice.
Specialized Knowledge
Marginal note:Notice to the parties
18 Before using any information or opinion that is within its specialized knowledge, the Division must notify the claimant or protected person, and the Minister if the Minister is present at the hearing, and give them a chance to
(a) make representations on the reliability and use of the information or opinion; and
(b) give evidence in support of their representations.
Allowing a Claim Without a Hearing
Marginal note:When a claim may be allowed without a hearing
19 (1) A claim may be allowed without a hearing only if the Minister has not notified the Division of the Minister’s intention to intervene
(a) within 15 days after the Minister receives information about the claim, if the Minister has requested information; or
(b) within 28 days after the referral of the claim, if the Minister has not requested information about the claim.
Marginal note:Interviews
(2) Before allowing a claim without a hearing, the Division may require the claimant to appear at an interview with a refugee protection officer who will prepare a report in which the officer recommends, or does not recommend, that the claim be allowed without a hearing.
Marginal note:Recommendation not to hold a hearing
(3) If the refugee protection officer does not recommend that the claim be allowed without a hearing, the Division must provide a copy of the report to the claimant.
Marginal note:Allowing a claim without a hearing
(4) If the refugee protection officer recommends that the claim be allowed without a hearing, the Division may allow the claim if
(a) there are no issues that should be brought to the attention of the Minister;
(b) the claimant’s identity is sufficiently established;
(c) there are no serious credibility issues; and
(d) the information given by the claimant is consistent with information about conditions in their country of nationality or, if they have no country of nationality, their country of former habitual residence, and establishes that the claimant is a Convention refugee or a person in need of protection.
Marginal note:Decision that hearing is necessary
(5) If the Division decides that a hearing of the claim is necessary, the Division must provide to the claimant a copy of the report in which its decision is recorded.
Conferences
Marginal note:Requirement to participate at a conference
20 (1) The Division may require a party to participate at a conference to discuss issues, relevant facts and any other matter in order to make the proceedings more fair and efficient.
Marginal note:Information or documents
(2) The Division may require a party to give any information, or provide any document, at or before the conference.
Marginal note:Written record
(3) The Division must make a written record of any decisions and agreements made at the conference.
Fixing a Date for a Proceeding
Marginal note:Fixing a date
21 The Division may require a party to participate in a scheduling conference or otherwise give information to help the Division fix a date for a proceeding.
Notice to Appear
Marginal note:Notice to appear
22 The Division must notify a party in writing of the date, time and location of a proceeding.
Exclusion, Inadmissibility and Ineligibility
Marginal note:Notice to the Minister of possible exclusion — before a hearing
23 (1) If the Division believes, before a hearing begins, that there is a possibility that sections E or F of Article 1 of the Refugee Convention applies to the claim, the Division must notify the Minister in writing and provide any relevant information to the Minister.
Marginal note:Notice to the Minister of possible exclusion — during a hearing
(2) If the Division believes, at any time during a hearing, that there is a possibility that section E or F of Article 1 of the Refugee Convention applies to the claim, and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must notify the Minister in writing and provide the Minister with any relevant information.
Marginal note:Disclosure to claimant
(3) The Division must provide to the claimant a copy of any notice or information provided to the Minister.
Marginal note:Notice to the Minister of possible inadmissibility or ineligibility
24 (1) The Division must without delay notify the Minister in writing, and provide the Minister with any relevant information, if the Division believes that
(a) a claimant may be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality;
(b) there is an outstanding charge against the claimant for an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years; or
(c) the claimant’s claim may be ineligible to be referred under section 101 or paragraph 104(1)(c) or (d) of the Act.
Marginal note:Disclosure to claimant
(2) The Division must provide to the claimant a copy of any notice or information that the Division provides to the Minister.
Intervention by the Minister
Marginal note:Notice of intention to intervene
25 (1) To intervene in a claim, the Minister must provide
(a) to the claimant, a copy of a written notice of the Minister’s intention to intervene; and
(b) to the Division, the original of that notice and a written statement of how and when a copy was provided to the claimant.
Marginal note:Contents of notice
(2) In the notice, the Minister must state how the Minister will intervene and give the Minister’s counsel’s contact information.
Marginal note:Intervention — exclusion clauses
(3) If the Minister believes that section E or F of Article 1 of the Refugee Convention may apply to the claim, the Minister must also state in the notice the facts and law on which the Minister relies.
Marginal note:Time limit
(4) Documents provided under this rule must be received by the Division and the claimant no later than 20 days before the hearing.
Claimant or Protected Person in Custody
Marginal note:Custody
26 The Division may order a person who holds a claimant or protected person in custody to bring the claimant or protected person to a proceeding at the location specified by the Division.
Documents
Form and Language of Documents
Marginal note:Documents prepared by party
27 (1) A document prepared for use by a party in a proceeding must be typewritten on one side of 21.5 cm by 28 cm (8½″ x 11″) paper and the pages must be numbered.
Marginal note:Photocopies
(2) Any photocopy provided by a party must be a clear copy of the document photocopied and be on one side of 21.5 cm by 28 cm (8½″ x 11″) paper and the pages must be numbered.
Marginal note:Numbered documents
(3) A party must number consecutively each document provided by the party.
Marginal note:List of documents
(4) If more than one document is provided, the party must provide a list of the documents and their numbers.
Marginal note:Language of documents
28 (1) All documents used at a proceeding must be in English or French or, if in another language, be provided with an English or French translation and a translator’s declaration.
Marginal note:Minister’s documents
(2) If the Minister provides a document that is not in the language of the proceedings, the Minister must provide a translation in that language and a translator’s declaration.
Marginal note:Translator’s declaration
(3) A translator’s declaration must include the translator’s name, the language of the document translated and a statement signed by the translator that the translation is accurate.
Disclosure of Documents
Marginal note:Disclosure of documents by a party
29 (1) If a party wants to use a document at a hearing, the party must provide one copy to any other party and two copies to the Division, unless these Rules require a different number of copies.
Marginal note:Disclosure of documents by the Division
(2) If the Division wants to use a document at a hearing, the Division must provide a copy to each party.
Marginal note:Proof that document was provided
(3) Together with the copies provided to the Division, the party must provide a written statement of how and when a copy was provided to any other party.
Marginal note:Time limit
(4) Documents provided under this rule must be received by the Division or a party, as the case may be, no later than
(a) 20 days before the hearing; or
(b) five days before the hearing if the document is provided to respond to another document provided by a party or the Division.
Marginal note:Use of undisclosed documents
30 A party who does not provide a document as required by rule 29 may not use the document at the hearing unless allowed by the Division. In deciding whether to allow its use, the Division must consider any relevant factors, including
(a) the document’s relevance and probative value;
(b) any new evidence it brings to the hearing; and
(c) whether the party, with reasonable effort, could have provided the document as required by rule 29.
Providing a Document
Marginal note:General provision
31 Rules 32 to 35 apply to any document, including a notice or a request in writing.
Marginal note:Providing documents to the Division
32 (1) A document provided to the Division must be provided to the registry office specified by the Division.
Marginal note:Providing documents to the Minister
(2) A document provided to the Minister must be provided to the Minister’s counsel.
Marginal note:Providing documents to claimant or protected person
(3) A document provided to a claimant or a protected person must be provided to the claimant or protected person or, if the claimant or protected person has counsel, to their counsel.
Marginal note:How to provide a document
33 A document can be provided in any of the following ways:
(a) by hand;
(b) by regular mail or registered mail;
(c) by courier or priority post;
(d) by fax if the recipient has a fax number and the document has no more than 20 pages, unless the recipient consents to receiving more than 20 pages; and
(e) by electronic mail if the Division allows.
Marginal note:If document cannot be provided under rule 33
34 (1) If a party is unable to provide a document in a way required by rule 33, the party may make an application to the Division to be allowed to provide the document in another way or to be excused from providing the document.
Marginal note:Form of application
(2) The application must be made under rule 44.
Marginal note:Allowing the application
(3) The Division may allow the application if the party has made reasonable efforts to provide the document to the other party.
Marginal note:When a document is considered received by the Division
35 (1) A document provided to the Division is considered to be received by the Division on the day the document is date stamped by the Division.
Marginal note:When a document provided by regular mail is considered received by a party
(2) A document provided by regular mail to a party is considered to be received seven days after the day it was mailed. If the seventh day is a Saturday, Sunday or other statutory holiday, the document is considered to be received on the next working day.
Original Documents
Marginal note:Original documents
36 (1) A party who has provided a copy of a document to the Division must provide the original document to the Division
(a) without delay, on the request in writing of the Division; or
(b) if the Division does not make a request, no later than the beginning of the proceeding at which the document will be used.
Marginal note:Documents mentioned in paragraph 3(2)(c)
(2) On the request in writing of the Division, the Minister must without delay provide to the Division the original of any document mentioned in paragraph 3(2)(c) that is in the possession of an officer.
Additional documents
Marginal note:Additional documents after the hearing has ended
37 (1) A party who wants to provide a document as evidence after a hearing must make an application to the Division.
Marginal note:Written application
(2) The party must attach a copy of the document to the application. The application must be made under rule 44, but the party is not required to give evidence in an affidavit or statutory declaration.
Marginal note:Factors
(3) In deciding the application, the Division must consider any relevant factors, including:
(a) the document’s relevance and probative value;
(b) any new evidence it brings to the proceedings; and
(c) whether the party, with reasonable effort, could have provided the document as required by rule 29.
Witnesses
Marginal note:Providing witness information
38 (1) If a party wants to call a witness, the party must provide in writing to any other party and the Division the following witness information:
(a) the witness’s contact information;
(b) the purpose and substance of the witness’s testimony or, in the case of an expert witness, the expert witness’s signed summary of the testimony to be given;
(c) the time needed for the witness’s testimony;
(d) the party’s relationship to the witness;
(e) in the case of an expert witness, a description of the expert witness’s qualifications; and
(f) whether the party wants the witness to testify by videoconference or telephone.
Marginal note:Proof that document was provided
(2) The witness information must be provided to the Division together with a written statement of how and when it was provided to any other party.
Marginal note:Time limit
(3) A document provided under this rule must be received by its recipient no later than 20 days before the hearing.
Marginal note:Failure to provide witness information
(4) If a party does not provide the witness information as required under this rule, the witness may not testify at the hearing unless the Division allows the witness to testify.
Marginal note:Requesting a summons
39 (1) A party who wants the Division to order a person to testify at a hearing must make a request to the Division for a summons, either orally at a proceeding or in writing.
Marginal note:Factors
(2) In deciding whether to issue a summons, the Division must consider any relevant factors, including
(a) the necessity of the testimony to a full and proper hearing;
(b) the ability of the person to give that testimony; and
(c) whether the person has agreed to be summoned as a witness.
Marginal note:Using the summons
(3) If a party wants to use a summons, the party must
(a) provide the summons to the summoned person by hand;
(b) provide a copy of the summons to the Division with a written statement of how and when the summons was provided; and
(c) pay or offer to pay the summoned person the applicable witness fees and travel expenses set out in Tariff A of the Federal Court Rules, 1998.
Marginal note:Cancelling a summons
40 (1) If a person summoned to appear as a witness wants the summons cancelled, the person must make an application in writing to the Division.
Marginal note:Application
(2) The person must follow rule 44, but is not required to give evidence in an affidavit or statutory declaration.
Marginal note:Arrest warrant
41 (1) If a person does not obey a summons to appear as a witness, the party who requested the summons may make a request to the Division orally at a hearing, or in writing, to issue a warrant for the arrest of the person.
Marginal note:Written request
(2) A party who makes a written request for a warrant must provide supporting evidence by affidavit or statutory declaration.
Marginal note:Requirements for issue of arrest warrant
(3) The Division may issue a warrant if
(a) the person summoned was provided the summons by hand or the person is avoiding being provided the summons;
(b) the person was paid or offered the applicable witness fees and travel expenses set out in Tariff A of the Federal Court Rules, 1998;
(c) the person did not appear at the hearing as required by the summons; and
(d) the person’s testimony is still needed for a full and proper hearing.
Marginal note:Content of a warrant
(4) A warrant issued by the Division for the arrest of a person must include directions concerning detention and release.
Marginal note:Excluded witness
42 Unless allowed by the Division, a person must not communicate to a witness excluded from a hearing room any testimony given while the witness was excluded until that witness has finished testifying.
Applications
Marginal note:General provision
43 Unless these Rules provide otherwise
(a) a party who wants the Division to make a decision on any matter in a proceeding, including the procedure to be followed, must make an application to the Division under rule 44;
(b) a party who wants to respond to the application must respond under rule 45; and
(c) a party who wants to reply to a response must reply under rule 46.
How to Make an Application
Marginal note:Form of application and time limit
44 (1) Unless these Rules provide otherwise, an application must be made in writing and without delay. The Division may allow a party to make an application orally at a proceeding if the party with reasonable effort could not have made a written application before the proceeding.
Marginal note:Content of application
(2) Unless these Rules provide otherwise, in a written application the party must
(a) state what decision the party wants the Division to make;
(b) give reasons why the Division should make that decision; and
(c) if there is another party and the views of that party are known, state whether the other party agrees to the application.
Marginal note:Affidavit or statutory declaration
(3) Unless these Rules provide otherwise, any evidence that the party wants the Division to consider with a written application must be given in an affidavit or statutory declaration that accompanies the application.
Marginal note:Providing the application to another party and the Division
(4) A party who makes a written application must provide
(a) to any other party, a copy of the application and any affidavit or statutory declaration; and
(b) to the Division, the original application and any affidavit or statutory declaration, together with a written statement of how and when the party provided the copy to any other party.
How to Respond to a Written Application
Marginal note:Responding to a written application
45 (1) A response to a written application must be in writing. In a response the party must
(a) state the decision the party wants the Division to make; and
(b) give reasons why the Division should make that decision.
Marginal note:Evidence in a written response
(2) Any evidence that the party wants the Division to consider with the written response must be given in an affidavit or statutory declaration that accompanies the response. Unless the Division requires it, an affidavit or statutory declaration is not required if the party who made the application was not required to give evidence in an affidavit or statutory declaration.
Marginal note:Providing the response
(3) A party who responds to a written application must provide
(a) to the other party, a copy of the response and any affidavit or statutory declaration; and
(b) to the Division, the original response and any affidavit or statutory declaration, together with a written statement of how and when the party provided the copy to the other party.
Marginal note:Time limit
(4) Documents provided under this rule must be received by their recipients no later than seven days after the party received the copy of the application.
How to Reply to a Written Response
Marginal note:Replying to a written response
46 (1) A reply to a written response must be in writing.
Marginal note:Evidence in the reply
(2) Any evidence that the party wants the Division to consider with the written reply must be given in an affidavit or statutory declaration together with the reply. Unless the Division requires it, an affidavit or statutory declaration is not required if the party was not required to give evidence in an affidavit or statutory declaration with the application.
Marginal note:Providing the reply
(3) A party who replies to a written response must provide
(a) to the other party, a copy of the reply and any affidavit or statutory declaration; and
(b) to the Division, the original reply and any affidavit or statutory declaration, together with a written statement of how and when the party provided the copy to the other party.
Marginal note:Time limit
(4) Documents provided under this rule must be received by their recipients no later than five days after the party received the copy of the response.
Changing the Location of a Proceeding
Marginal note:Application to change the location of a proceeding
47 (1) A party may make an application to the Division to change the location of a proceeding.
Marginal note:Form of application
(2) The party must follow rule 44, but is not required to give evidence in an affidavit or statutory declaration.
Marginal note:Time limit
(3) Documents provided under this rule must be received by their recipients no later than 20 days before the proceeding.
Marginal note:Factors
(4) In deciding the application, the Division must consider any relevant factors, including
(a) whether the party is residing in the location where the party wants the proceeding to be held;
(b) whether a change of location would allow the proceeding to be full and proper;
(c) whether a change of location would likely delay or slow the proceeding;
(d) how a change of location would affect the operation of the Division; and
(e) how a change of location would affect the parties.
Marginal note:Duty to appear at the proceeding
(5) Unless a party receives a decision from the Division allowing the application, the party must appear for the proceeding at the location fixed and be ready to start or continue the proceeding.
Changing the Date or Time of a Proceeding
Marginal note:Application to change the date or time of a proceeding
48 (1) A party may make an application to the Division to change the date or time of a proceeding.
Marginal note:Form and content of application
(2) The party must
(a) follow rule 44, but is not required to give evidence in an affidavit or statutory declaration; and
(b) give at least six dates, within the period specified by the Division, on which the party is available to start or continue the proceeding.
Marginal note:If proceeding is two working days or less away
(3) If the party wants to make an application two working days or less before the proceeding, the party must appear at the proceeding and make the application orally.
Marginal note:Factors
(4) In deciding the application, the Division must consider any relevant factors, including
(a) in the case of a date and time that was fixed after the Division consulted or tried to consult the party, any exceptional circumstances for allowing the application;
(b) when the party made the application;
(c) the time the party has had to prepare for the proceeding;
(d) the efforts made by the party to be ready to start or continue the proceeding;
(e) in the case of a party who wants more time to obtain information in support of the party’s arguments, the ability of the Division to proceed in the absence of that information without causing an injustice;
(f) whether the party has counsel;
(g) the knowledge and experience of any counsel who represents the party;
(h) any previous delays and the reasons for them;
(i) whether the date and time fixed were peremptory;
(j) whether allowing the application would unreasonably delay the proceedings or likely cause an injustice; and
(k) the nature and complexity of the matter to be heard.
Marginal note:Duty to appear at the proceeding
(5) Unless a party receives a decision from the Division allowing the application, the party must appear for the proceeding at the date and time fixed and be ready to start or continue the proceeding.
Joining or Separating Claims or Applications
Marginal note:Claims automatically joined
49 (1) The Division must join the claim of a claimant to a claim made by the claimant’s spouse or common-law partner, child, parent, brother, sister, grandchild or grandparent.
Marginal note:Applications joined if claims joined
(2) Applications to Vacate Refugee Protection or Applications to Cease Refugee Protection are joined if the claims of the protected persons were joined.
Marginal note:Application to join
50 (1) A party may make an application to the Division to join claims, Applications to Vacate Refugee Protection or Applications to Cease Refugee Protection.
Marginal note:Application to separate
(2) A party may make an application to the Division to separate claims or Applications that are joined.
Marginal note:Form of application and providing application
(3) A party who makes an application to join or separate must follow rule 44, but the party is not required to give evidence in an affidavit or statutory declaration. The party must also
(a) provide a copy of the application to any person who will be affected by a decision of the Division on the application; and
(b) provide the Division with a written statement of how and when the copy of the application was provided to any affected person, together with proof that the party provided the copy to that person.
Marginal note:Time limit
(4) Documents provided under this rule must be received by their recipient no later than 20 days before the hearing.
Marginal note:Factors
(5) In deciding the application, the Division must consider any relevant factors, including
(a) whether the claims or Applications involve similar questions of fact or law;
(b) whether allowing the application would promote the efficient administration of the work of the Division; and
(c) whether allowing the application would likely cause an injustice.
Proceedings Conducted in Public
Marginal note:Application
51 (1) A person who makes an application to the Division to have a proceeding conducted in public must apply in writing and follow this rule.
Marginal note:Content of application
(2) In the application, the person must
(a) state what decision the person wants the Division to make;
(b) give reasons why the Division should make that decision; and
(c) include any evidence that the person wants the Division to consider in deciding the application.
Marginal note:Providing the application
(3) 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:Time limit
(4) Documents provided under this rule must be received by the Division no later than 20 days before the hearing.
Withdrawal
Marginal note:Abuse of process
52 (1) Withdrawal of a claim, or of an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection, is an abuse of process if withdrawal would likely have a negative effect on the integrity of the Division. If no substantive evidence has been accepted in the proceedings, withdrawal is not an abuse of process.
Marginal note:Withdrawal if no evidence has been accepted
(2) If no substantive evidence has been accepted in the proceedings, a party may withdraw the party’s claim or Application to Vacate Refugee Protection or Application to Cease Refugee Protection by notifying the Division orally at a proceeding or in writing.
Marginal note:Withdrawal if evidence has been accepted
(3) If substantive evidence has been accepted in the proceedings, a party who wants to withdraw the party’s claim or Application to Vacate Refugee Protection or Application to Cease Refugee Protection must make an application to the Division under rule 44.
Reinstating a Withdrawn Claim or Application
Marginal note:Application to reinstate a withdrawn claim
53 (1) A person may apply to the Division to reinstate a claim that was made by that person and withdrawn.
Marginal note:Form and content of application
(2) The person must follow rule 44, include their contact information in the application and provide a copy of the application to the Minister.
Marginal note:Factors
(3) The Division must allow the application if it is established that there was a failure to observe a principle of natural justice or if it is otherwise in the interests of justice to allow the application.
Marginal note:Application to reinstate an Application to Vacate or Cease Refugee Protection
54 (1) The Minister may make an application to the Division to reinstate an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection.
Marginal note:Form of application
(2) The application must be made under rule 44.
Marginal note:Factors
(3) The Division must allow the application if it is established that there was a failure to observe a principle of natural justice or if it is otherwise in the interests of justice to allow the application.
Reopening a Claim or Application
Marginal note:Application to reopen a claim
55 (1) A claimant or the Minister may make an application to the Division to reopen a claim for refugee protection that has been decided or abandoned.
Marginal note:Form of application
(2) The application must be made under rule 44.
Marginal note:Claimant’s application
(3) A claimant who makes an application must include the claimant’s contact information in the application and provide a copy of the application to the Minister.
Marginal note:Factor
(4) The Division must allow the application if it is established that there was a failure to observe a principle of natural justice.
Marginal note:Application to reopen an Application to Vacate or Cease Refugee Protection
56 (1) The Minister or a protected person may make an application to the Division to reopen an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection that has been decided or abandoned.
Marginal note:Form of application
(2) The application must be made under rule 44.
Marginal note:Factor to consider
(3) The Division must allow the application if it is established that there was a failure to observe a principle of natural justice.
Applications to Vacate or Cease Refugee Protection
Marginal note:Form of Application
57 (1) An Application to Vacate Refugee Protection or an Application to Cease Refugee Protection made by the Minister must be in writing and follow this rule.
Marginal note:Content of application
(2) In the application, the Minister must include
(a) the contact information of the protected person and their counsel, if any;
(b) the identification number given by the Department of Citizenship and Immigration to the protected person;
(c) the date and file number of any Division decision;
(d) in the case of a person whose application for protection was allowed abroad, the person’s file number, a copy of the decision and the location of the office;
(e) what decision the Minister wants the Division to make; and
(f) the reasons why the Division should make that decision.
Marginal note:Providing the application to the Protected person and Division
(3) The Minister must provide
(a) a copy of the Application to the protected person; and
(b) the original and one copy of the Application to the registry office that provided the notice of decision in the claim or to the registry office specified by the Division, together with a written statement of how and when a copy was provided to the protected person.
Abandonment
Marginal note:Abandonment without hearing the claimant
58 (1) A claim may be declared abandoned, without giving the claimant an opportunity to explain why the claim should not be declared abandoned, if
(a) the Division has not received the claimant’s contact information and their Personal Information Form within 28 days after the claimant received the form; and
(b) the Minister and the claimant’s counsel, if any, do not have the claimant’s contact information.
Marginal note:Opportunity to explain
(2) In every other case, the Division must give the claimant an opportunity to explain why the claim should not be declared abandoned. The Division must give this opportunity
(a) immediately, if the claimant is present at the hearing and the Division considers that it is fair to do so; or
(b) in any other case, by way of a special hearing after notifying the claimant in writing.
Marginal note:Factors to consider
(3) The Division must consider, in deciding if the claim should be declared abandoned, the explanations given by the claimant at the hearing and any other relevant information, including the fact that the claimant is ready to start or continue the proceedings.
Marginal note:Decision to start or continue the proceedings
(4) If the Division decides not to declare the claim abandoned, it must start or continue the proceedings without delay.
Notice of Constitutional Question
Marginal note:Notice of constitutional question
59 (1) A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question.
Marginal note:Form and content of notice
(2) The party must provide notice using either Form 69, “Notice of Constitutional Question”, set out in the Federal Court Rules, 1998, or any other form that includes
(a) the name of the party;
(b) the Division file number;
(c) the date, time and place of the hearing;
(d) the specific legislative provision that is being challenged;
(e) the relevant facts relied on to support the constitutional challenge; and
(f) a summary of the legal argument to be made in support of the constitutional challenge.
Marginal note:Providing the notice
(3) The party must provide
(a) a copy of the notice of constitutional question to the Attorney General of Canada and to the attorney general of every province and territory of Canada, in accordance with section 57 of the Federal Courts Act;
(b) a copy of the notice to the Minister;
(c) a copy of the notice to any other party; and
(d) the original notice to the Division, together with a written statement of how and when a copy of the notice was provided under paragraphs (a) to (c).
Marginal note:Time limit
(4) Documents provided under this rule must be received by their recipients no later than 10 days before the day the constitutional argument will be made.
- 2002, c. 8, s. 182
Oral Representations
Marginal note:Oral representations
60 Representations made by a party or a refugee protection officer must be made orally at the end of a hearing unless the Division orders otherwise.
Decisions
Marginal note:Notice of decision
61 (1) When the Division makes a decision, other than an interlocutory decision, it must provide a notice of decision in writing to the claimant or the protected person, as the case may be, and to the Minister.
Marginal note:Written reasons if claim rejected
(2) If it rejects a claim, the Division must provide the notice of decision, together with written reasons for the decision, to the claimant and the Minister.
Marginal note:Written reasons if claim allowed
(3) If the reasons of the Division indicate that it has allowed a claim for refugee protection after determining that sections E or F of Article 1 of the Refugee Convention do not apply, the Division must provide the notice of decision and written reasons for the decision to the claimant and the Minister.
Marginal note:Written reasons for a decision on an Application to Vacate or Cease Refugee Protection
(4) When the Division makes a decision on an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection, the Division must provide to the parties, together with the notice of decision, written reasons for the decision.
Marginal note:Request for written reasons
62 A request made by a claimant, or the Minister, for written reasons for a decision allowing a claim must be in writing. The request must be received by the Division no later than 10 days after the claimant or the Minister, as the case may be, received the notice of decision.
Marginal note:When decisions take effect — decision allowing claim
63 (1) A decision allowing a claim takes effect
(a) if given orally at a hearing, when a Division member states the decision; and
(b) if made in writing, when a Division member signs and dates the decision.
Marginal note:When decisions take effect — decision rejecting claim
(2) A decision rejecting a claim takes effect
(a) if given orally at a hearing, when a Division member states the decision and gives reasons; and
(b) if made in writing, when a Division member signs and dates the reasons for the decision.
Marginal note:When decisions take effect — Application to Vacate or Cease Refugee Protection
64 A decision on an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection takes effect
(a) if given orally at a hearing, when a Division member states the decision and gives reasons; and
(b) if made in writing, when a Division member signs and dates the reasons for the decision.
Marginal note:When decisions take effect — decision on abandonment
65 A decision on the abandonment of a claim, an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection takes effect
(a) if given orally at a hearing, when a Division member states the decision and gives reasons; and
(b) if made in writing, when a Division member signs and dates the reasons for the decision.
Marginal note:When decisions take effect — allowing application to withdraw
66 A decision allowing an application to withdraw a claim, an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection takes effect
(a) if given orally at a hearing, when a Division member states the decision and gives reasons; and
(b) if made in writing, when a Division member signs and dates the reasons for the decision.
Marginal note:When decisions take effect — three member panel allowing claim
67 (1) A decision made by a panel of three members allowing a claim takes effect
(a) if given orally at a hearing, when all the members state their decision; and
(b) if made in writing, when all the members sign and date their decision.
Marginal note:When decisions take effect — other decisions of three member panel
(2) A decision made by a panel of three members that is a decision rejecting a claim, or allowing an application to withdraw, a decision on the abandonment of a claim or an Application to Vacate Refugee Protection or Application to Cease Refugee Protection, or a decision on an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection, takes effect
(a) if given orally at a hearing, when all the members state their decision and give reasons; and
(b) if made in writing, when all the members sign and date the reasons for their decision.
General Provisions
Marginal note:No applicable rule
68 In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter.
Marginal note:Powers of the Division
69 The Division may
(a) act on its own initiative, without a party having to make an application or request to the Division;
(b) change a requirement of a rule;
(c) excuse a person from a requirement of a rule; and
(d) extend or shorten a time limit, before or after the time limit has passed.
Marginal note:Failing to follow a rule
70 Unless proceedings are declared invalid by the Division, a failure to follow any requirement of these Rules does not make the proceedings invalid.
Coming into Force
Marginal note:Coming into force
*71 These Rules come into force on the day on which section 161 of the Act comes into force.
Return to footnote *[Note: Regulations in force June 28, 2002, see SI/2002-97.]
SCHEDULE 1(Rule 1)
CLAIMANT’S PERSONAL INFORMATION
| Item | Information | |
|---|---|---|
| 1 | Any objections the claimant has to the disclosure of personal information in the Personal Information Form to another claimant. | |
| 2 | Claimant’s name at birth and any other name used by the claimant or by which the claimant is known. | |
| 3 | Claimant’s gender. | |
| 4 | Claimant’s date and place of birth. | |
| 5 | Claimant’s country or countries of citizenship at birth. | |
| 6 | Claimant’s present country or countries of citizenship. If different from citizenship at birth, date of obtaining present citizenship. | |
| 7 | If stateless, the countries in which the claimant has resided since birth and the claimant’s status in each country. | |
| 8 | Claimant’s nationality, ethnic group or tribe. | |
| 9 | Claimant’s religion and denomination. | |
| 10 | The language the claimant first learned and still speaks, and any other languages or dialects spoken and understood by the claimant. | |
| 11 | Whether the claimant is single, married, separated, divorced, widowed or is a common-law partner; the date of marriage, separation, divorce, common-law partnership or of becoming a widow or widower; and the name of any spouse, common-law partner or former spouse. | |
| 12 | The date of birth, citizenship and address of the claimant’s spouse or common-law partner, and the names, dates of birth, citizenship and place and country of residence of the claimant’s children, parents, brothers, sisters and, if the claimant is under 18 years of age, guardian. | |
| 13 | If a relative of the claimant has requested refugee protection or asylum in Canada or any other country, at a Canadian office abroad or from the United Nations High Commissioner for Refugees, the details of the request including the name and date of birth of the relative and the date, location and result of the request. | |
| 14 | The details of the claimant’s formal education or professional training, including the number of years of education or training, the name and location of the schools or educational institutions attended, the dates of attendance, and the level, degree, diploma or certificate obtained. | |
| 15 | The details of the claimant’s work history, including the dates of employment, the name of the employer, the place and type of employment and the claimant’s occupation and title. | |
| 16 | Details of any service by the claimant in the armed forces of any country, including
| |
| 17 | Claimant’s addresses within the last 20 years and their status in the country of address. | |
| 18 | The details of the claimant’s travel to any countries during the past 10 years, including the dates and purpose of travel to those countries. | |
| 19 | The route used to come to Canada, including the countries and places of departure and arrival, the dates of arrival and departure and the means of transportation used. | |
| 20 | If the claimant has returned to a country or countries in which they fear persecution, torture or a risk to their life or a risk of cruel and unusual treatment or punishment since making their present claim for refugee protection in Canada, the place and country to which they returned, the dates the claimant returned and left, and the reason why the claimant returned. | |
| 21 | The details of all passports or travel documents that have been issued to the claimant in the last twenty years. | |
| 22 | The details of all passports or travel documents used by the claimant to travel to Canada, including passports or travel documents that are not genuine or were improperly obtained, and the current location of the documents. If any of those documents has been lost, destroyed or disposed of, the details of the loss, destruction or disposal. | |
| 23 | If the claimant has not obtained a passport or travel document, the reason why the claimant did not do so. | |
| 24 | If the claimant required an exit visa or special permission to leave their country, the details of any visa or permission obtained by the claimant or, if not obtained, the reason why the claimant did not do so. | |
| 25 | The details of any application made by the claimant for a visa to enter Canada, including the type of visa requested and the date and result of the application. | |
| 26 | If the claimant entered Canada from the United States of America, a list of the documents that the claimant presented on entry to that country and the current location of those documents. If any of those documents has been lost, destroyed or disposed of, the details of the loss, destruction or disposal. | |
| 27 | If the claimant had a visa to enter the United States of America, the place and date of issue of the visa. | |
| 28 | If the claimant renewed a passport or travel document since making the present claim for refugee protection in Canada, the details of the document renewed including the date of renewal. | |
| 29 | Details — including current location — of the claimant’s other identity documents, including documents that the claimant believes they can obtain and the expected date of receipt. | |
| 30 | Details of all claims for refugee protection made by the claimant in Canada or at a Canadian office abroad, including the date, location and result. | |
| 31 | Details of all claims for refugee protection or asylum made by the claimant in any other country or to the United Nations High Commissioner for Refugees, including the country, date and result of the claim and any document issued. | |
| 32 | If the United Nations High Commissioner for Refugees has recognized the claimant as a refugee, the date and place of recognition, and the number and date of issue and current location of any document issued. | |
| 33 | Details of any crime or offence that the claimant has committed, including the date, the place and the type of crime or offence. If the claimant has been charged, acquitted or convicted of a crime or offence, the details of the proceedings including dates, verdict and any sentence imposed. | |
| 34 | If the claimant has been arrested or is wanted by the police or military or any other authorities in any country, including Canada, the reason why the claimant was arrested or is wanted and the relevant dates and places. | |
| 35 | If the claimant has been refused an entry visa by any country or ordered to leave any country, the name of the country, date and reason. | |
| 36 | The country or countries against which the claimant is making a claim for refugee protection. | |
| 37 | Reasons why the claimant is making a claim for refugee protection and the facts that support the claim. | |
| 38 | Whether the claimant has received medical or psychological treatment or evaluation, in Canada or elsewhere, for harm resulting from the events that caused the claimant to make a claim for refugee protection. | |
| 39 | The claimant’s contact information, and the contact information of any counsel for the claimant. | |
SCHEDULE 2(Paragraph 3(2)(b))
INFORMATION TO BE PROVIDED ABOUT THE CLAIMANT BY AN OFFICER
| Item | Information |
|---|---|
| 1 | Name, sex and date of birth. |
| 2 | Department of Citizenship and Immigration Client ID Number. |
| 3 | If the claimant is detained, the name of the place of detention. |
| 4 | Claimant’s contact information in Canada, if any. |
| 5 | Contact information of any counsel for the claimant. |
| 6 | Official language chosen by the claimant to communicate with the Division. |
| 7 | Name of the officer referring the claim. |
| 8 | Date the claim was referred or deemed to be referred to the Division. |
| 9 | Section of the Act under which the claim is being referred. |
| 10 | Officer’s decision about the claim’s eligibility under section 100 of the Act, if a decision has been made. |
| 11 | Name of the country or countries in which the claimant fears persecution, torture, a risk of cruel or unusual treatment or punishment, or a risk to their life. |
| 12 | Whether the claimant needs an interpreter, including a sign language interpreter, during any proceeding, and the language or dialect to be interpreted. |
| 13 | Whether the Minister has asked for any information about the claim. |
| 14 | If a claim of the claimant’s spouse, common-law partner or any relative has been referred to the Division, the names and Department of Citizenship and Immigration client identification numbers of those persons. |
| 15 | When and how the officer notified the claimant of the referral of the claim to the Division. |
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