Refugee Appeal Division Rules (SOR/2012-257)

Marginal note:Application to reinstate withdrawn appeal

• 48 (1) An appellant may apply to the Division to reinstate an appeal that was made by the appellant and was withdrawn.

• Marginal note:Form and content of application

  (2) The appellant must make the application in accordance with rule 37. If a person who is the subject of an appeal makes the application, they must provide to the Division the original and a copy of the application and include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer.

• Marginal note:Documents provided to Minister

  (3) The Division must provide to the Minister, without delay, a copy of an application made by a person who is the subject of an appeal.

• Marginal note:Factors

  (4) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice or it is otherwise in the interests of justice to allow the application.

• Marginal note:Factors

  (5) In deciding the application, the Division must consider any relevant factors, including whether the application was made in a timely manner and the justification for any delay.

• Marginal note:Subsequent application

  (6) If the appellant made a previous application to reinstate an appeal that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.