Refugee Appeal Division Rules (SOR/2012-257)

Marginal note:Perfecting appeal

• 9 (1) To perfect an appeal in accordance with subsection 110(1.1) of the Act, the Minister must provide, first to the person who is the subject of the appeal and then to the Division, any supporting documents that the Minister wants to rely on in the appeal.

• Marginal note:Content of appellant’s record

  (2) In addition to the documents referred to in subrule (1), the Minister may provide, first to the person who is the subject of the appeal and then to the Division, the appellant’s record containing the following documents, on consecutively numbered pages, in the following order:

  • (a) the notice of decision and written reasons for the Refugee Protection Division’s decision that the Minister is appealing;

  • (b) all or part of the transcript of the Refugee Protection Division hearing if the Minister wants to rely on the transcript in the appeal, together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate;

  • (c) any documents that the Refugee Protection Division refused to accept as evidence, during or after the hearing, if the Minister wants to rely on the documents in the appeal;

  • (d) a written statement indicating

    • (i) whether the Minister is relying on any documentary evidence referred to in subsection 110(3) of the Act and the relevance of that evidence, and

    • (ii) whether the Minister is requesting that a hearing be held under subsection 110(6) of the Act, and if the Minister is requesting a hearing, why the Division should hold a hearing and whether the Minister is making an application under rule 66 to change the location of the hearing;

  • (e) any law, case law or other legal authority that the Minister wants to rely on in the appeal; and

  • (f) a memorandum that includes full and detailed submissions regarding

    • (i) the errors that are the grounds of the appeal,

    • (ii) where the errors are located in the written reasons for the Refugee Protection Division’s decision that the Minister is appealing or in the transcript or in any audio or other electronic recording of the Refugee Protection Division hearing, and

    • (iii) the decision the Minister wants the Division to make.

• Marginal note:Length of memorandum

  (3) The memorandum referred to in paragraph (2)(f) must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides.

• Marginal note:Proof documents were provided

  (4) Any supporting documents and the appellant’s record, if any, provided to the Division must be accompanied by proof that they were provided to the person who is the subject of the appeal.

• Marginal note:Time limit

  (5) Documents provided under this rule must be received by the Division within the time limit for perfecting an appeal set out in the Regulations.