Refugee Protection Division Rules (SOR/2012-256)

Marginal note:Standard order of questioning

• 10 (1) In a hearing of a claim for refugee protection, if the Minister is not a party, any witness, including the claimant, will be questioned first by the Division and then by the claimant’s counsel.

• Marginal note:Order of questioning — Minister’s intervention on exclusion issue

  (2) In a hearing of a claim for refugee protection, if the Minister is a party and has intervened on an issue of exclusion under subrule 29(3), any witness, including the claimant, will be questioned first by the Minister’s counsel, then by the Division and then by the claimant’s counsel.

• Marginal note:Order of questioning — Minister’s intervention not on exclusion issue

  (3) In a hearing of a claim for refugee protection, if the Minister is a party but has not intervened on an issue of exclusion under subrule 29(3), any witness, including the claimant, will be questioned first by the Division, then by the Minister’s counsel and then by the claimant’s counsel.

• Marginal note:Order of questioning — application to vacate or cease refugee protection

  (4) In a hearing into an application to vacate or to cease refugee protection, any witness, including the protected person, is to be questioned first by the Minister’s counsel, then by the Division and then by the protected person’s counsel.

• Marginal note:Variation of order of questioning

  (5) The Division must not vary the order of questioning unless there are exceptional circumstances, including that the variation is required to accommodate a vulnerable person.

• Marginal note:Limiting questioning of witnesses

  (6) The Division may limit the questioning of witnesses, including a claimant or a protected person, taking into account the nature and complexity of the issues and the relevance of the questions.

• Marginal note:Oral representations

  (7) Representations must be made orally at the end of a hearing unless the Division orders otherwise.

• Marginal note:Oral decision and reasons

  (8) A Division member must render an oral decision and reasons for the decision at the hearing unless it is not practicable to do so.