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Version of document from 2006-03-22 to 2012-12-14:

Convention Refugee Determination Division Rules

SOR/93-45

IMMIGRATION AND REFUGEE PROTECTION ACT

Registration 1993-01-28

Rules Governing the Activities of, and the Practice and Procedure in, the Convention Refugee Determination Division of the Immigration and Refugee Board

P.C. 1993-158  1993-01-28

His Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Immigration, pursuant to subsection 65(1)Footnote * of the Immigration Act, is pleased hereby to approve the revocation of the Convention Refugee Determination Division Rules, approved by Order in Council P.C. 1989-151 of February 9, 1989Footnote **, and to approve the annexed Rules governing the activities of, and the practice and procedure in, the Convention Refugee Determination Division of the Immigration and Refugee Board, made by the Chairperson of the Immigration and Refugee Board, in consultation with the Deputy Chairperson (Convention Refugee Determination Division), the Deputy Chairperson (Immigration Appeal Division) and the Director General (Adjudication Division), in substitution therefor, effective February 1, 1993.

Short Title

 These Rules may be cited as the Convention Refugee Determination Division Rules.

Interpretation

 In these Rules,

Act

Act means the Immigration Act; (Loi)

Assistant Deputy Chairperson

Assistant Deputy Chairperson means an Assistant Deputy Chairperson (Convention Refugee Determination Division); (vice-président adjoint)

coordinating member

coordinating member means a member designated by the Governor in Council pursuant to subsection 59(3) of the Act; (membre coordonnateur)

counsel

counsel means a person authorized pursuant to subsection 69(1) of the Act to represent a party in any proceeding before the Refugee Division; (conseil)

member

member means a member of the Refugee Division; (membre)

notice to appear

notice to appear means a notice to appear referred to in rule 15; (avis de convocation)

party

party means the person concerned or, where the Minister takes part in a proceeding or makes an application, the Minister; (partie)

person concerned

person concerned means a person whose claim is referred to the Refugee Division pursuant to section 46.02 or subsection 46.03(1) of the Act, or a person who is the subject of an application made under section 69.2 of the Act; (intéressé)

presiding member

presiding member means the member designated pursuant to rule 5; (président de l’audience)

refugee hearing officer

refugee hearing officer means a person referred to in section 68.1 of the Act; (agent d’audience)

registrar

registrar means a person designated pursuant to rule 4; (greffier)

registry

registry means an office established by the Board pursuant to rule 3. (greffe)

Registry and Registrar

 The Board shall establish one or more offices for the activities of the Refugee Division, each of which is to be known as a registry.

 The Board shall designate a person to be registrar at each registry.

Presiding Member

 An Assistant Deputy Chairperson or coordinating member may designate a member to act as presiding member in respect of a hearing into a claim or an application that, by the Act, must be brought before the Refugee Division.

Referral to the Refugee Division

  •  (1) A senior immigration officer shall refer a claim to the Refugee Division pursuant to section 46.02 or subsection 46.03(1) of the Act, by:

    • (a) forwarding to the Refugee Division

      • (i) the determination of eligibility of the claim of the person concerned that is made by the senior immigration officer, and

      • (ii) a copy of any identification and travel documents of the person concerned that are in the possession of the senior immigration officer;

    • (b) forwarding to the Refugee Division the following information, in writing, namely,

      • (i) the section of the Act pursuant to which the claim is being referred,

      • (ii) the name, sex and date of birth of the person concerned,

      • (iii) if available, the address and telephone number in Canada of the person concerned,

      • (iv) the name of the counsel, if any, of the person concerned,

      • (v) the country or countries in which the person concerned fears persecution,

      • (vi) the official language chosen by the person concerned for communication with the Refugee Division,

      • (vii) where applicable, the language or dialect of the interpreter required by the person concerned during any proceeding,

      • (viii) where applicable, the place of detention of the person concerned,

      • (ix) an indication of whether or not any information has been requested by the Minister pursuant to subsection 69.1(2) of the Act,

      • (x) the Canada Employment and Immigration Commission Client I.D. Number relating to the claim,

      • (xi) where applicable, the names of the family members of the person concerned whose claims have been referred to the Refugee Division and the Canada Employment and Immigration Commission Client I.D. Number relating to those family members,

      • (xii) the date on which, and the method by which, the senior immigration officer serves the person concerned with the information form in accordance with paragraph (c),

      • (xiii) the date of the referral of the claim by the senior immigration officer to the Refugee Division, and

      • (xiv) the name of the senior immigration officer; and

    • (c) serving the person concerned with the form that sets out the information to be provided to the Refugee Division pursuant to subrule 14(1).

  • (2) The senior immigration officer shall forward the documents and information referred to in paragraphs (1)(a) and (b) to the registry designated by the Refugee Division.

Cessation and Vacation Applications

  •  (1) An application for leave made by the Minister pursuant to subsection 69.2(3) of the Act shall

    • (a) be made by way of notice in writing addressed to the Chairperson and filed at the registry from which the notice of decision in respect of the determination that a person is a Convention refugee was issued;

    • (b) specify the grounds on which the application is made; and

    • (c) include an affidavit that sets out the facts on which the application is based.

  • (2) The registrar shall serve a copy of the Chairperson’s decision on the Minister.

  • (3) Where the Minister obtains leave to make an application pursuant to subsection 69.2(2) of the Act or where the Minister makes an application pursuant to subsection 69.2(1) of the Act, the application shall

    • (a) be made by way of notice in writing addressed to the Refugee Division and filed at the registry from which the leave was granted or the notice of decision in respect of the determination that a person is a Convention refugee was issued, as the case may be;

    • (b) specify the grounds on which the application is made; and

    • (c) include an affidavit setting out the facts on which the application is based.

  • (4) Where the Minister makes an application referred to in subrule (3), the Minister shall serve on the person concerned a copy of that application and, where applicable, a copy of the decision referred to in subrule (2).

  • (5) When the requirements of subrules (3) and (4) have been met, the Refugee Division shall serve on the parties a notice to appear.

Participation of the Minister

  •  (1) Subject to subrule (2), where the Minister intends to participate at any hearing into a claim pursuant to section 69.1 of the Act, the Minister may, at any time, give notice in writing of the Minister’s intention to participate.

  • (2) The period referred to in subsection 69.1(7.1) of the Act after which a member may determine that a person concerned is a Convention refugee without a hearing is

    • (a) where the Minister has requested information pursuant to subsection 69.1(2) of the Act, the 15-day period immediately after the day on which the Minister is served with the form that contains the information referred to in subrule 14(1); and

    • (b) where the Minister has not requested information pursuant to subsection 69.1(2) of the Act, the 28-day period immediately after the day on which the claim is referred to the Refugee Division by a senior immigration officer pursuant to rule 6.

  • (3) The Minister shall serve the notice referred to in subrule (1) on the person concerned and shall file the notice at the registry.

  •  (1) Where the Minister informs the Refugee Division pursuant to subparagraph 69.1(5)(a)(ii) of the Act that the Minister is of the opinion that matters involving section E or F of Article 1 of the Convention or subsection 2(2) of the Act are raised by the claim, the Minister shall specify the grounds and the parts of section E or F or of subsection 2(2) that in the opinion of the Minister are relevant to the claim and shall set out briefly the law and facts on which the Minister relies.

  • (2) Where, before the commencement of a hearing, the refugee hearing officer or the Refugee Division is of the opinion that a claim before the Refugee Division might involve section E or F of Article 1 of the Convention or subsection 2(2) of the Act, the refugee hearing officer shall forthwith notify the Minister and provide the Minister with such information as is necessary.

  • (3) Where, during a hearing, the refugee hearing officer or a member is of the opinion that a claim before the Refugee Division might involve section E or F of Article 1 of the Convention or subsection 2(2) of the Act, the refugee hearing officer or the member shall so inform the presiding member and, if the presiding member so directs, the refugee hearing officer shall forthwith notify the Minister and provide the Minister with such information as is necessary.

  • (4) The refugee hearing officer shall serve the person concerned forthwith with a copy of all written information that the refugee hearing officer provides to the Minister pursuant to subrules (2) and (3).

Joinder

  •  (1) An Assistant Deputy Chairperson or coordinating member may order that two or more claims or applications be processed jointly where the Assistant Deputy Chairperson or coordinating member believes that no injustice is thereby likely to be caused to any party.

  • (2) Subject to subsection (3), claims or applications of the legal or de facto spouse, dependant children, father, mother, brothers or sisters of the person concerned shall be processed jointly.

  • (3) On application by a party, or on the members’ own motion at the time of the hearing, the members may order that the claims or applications be heard separately, where the members believe that hearing the claims or applications jointly is likely to cause an injustice to any party.

Designated Representatives

 Where counsel of the person concerned believes that the person concerned is under 18 years of age or is unable to appreciate the nature of the proceeding, counsel shall so advise the Refugee Division forthwith in writing so that the Refugee Division may decide whether to designate a representative pursuant to subsection 69(4) of the Act.

Change of Venue

  •  (1) A party may apply in accordance with rule 27 to the Refugee Division to have a preliminary conference, conference or hearing held at a place other than that set out in the notice to appear.

  • (2) An application made under subrule (1) shall be accompanied by a statement of facts to support the application.

  • (3) The Refugee Division shall grant an application made under subrule (1) if it is satisfied that doing so will not adversely affect the proper operation of the Refugee Division, will provide for a full and proper hearing and will dispose expeditiously of the claim or application at issue.

  • (4) Where an application made under subrule (1) is granted, the file relating to the claim or application shall be transferred to the registry of the place where the conference or hearing is to be held.

Postponements and Adjournments

  •  (1) Before the commencement of a hearing, a party may apply in accordance with rule 27 to the Refugee Division to have the hearing postponed.

  • (2) Before the resumption of a hearing, a party may apply in accordance with rule 27 to the Refugee Division to have the hearing adjourned.

  • (3) A party whose application for a postponement or adjournment was denied may reapply orally at the commencement or resumption of the hearing.

  • (4) The Refugee Division, in determining whether a hearing shall be postponed, or in determining pursuant to subsection 69(6) of the Act whether an adjournment of a hearing would unreasonably impede the proceeding, may take into consideration, where applicable,

    • (a) the efforts made by the parties to proceed expeditiously;

    • (b) the nature and complexity of the issues relevant to the proceeding;

    • (c) the nature of the evidence to be presented, and the likelihood of causing an injustice to any party by proceeding in the absence of the evidence;

    • (d) counsel’s knowledge of, and experience with, similar proceedings;

    • (e) the amount of time already afforded the parties for preparation of the case;

    • (f) the efforts made by the parties to be present at the hearing;

    • (g) the efforts made by the parties to make an application for a postponement or adjournment of the hearing at the earliest opportunity;

    • (h) the number of, and reasons for, any previous postponements or adjournments granted;

    • (i) whether the hearing was set peremptorily; and

    • (j) any other relevant facts.

Information Respecting Claim

  •  (1) A person concerned shall provide the Refugee Division with information respecting the claim, including

    • (a) the name, sex, marital status, date and place of birth, nationality or, where applicable, nationalities at birth, current nationality or, where applicable, nationalities, ethnic group or tribe and religion of the person concerned, and the country or, where applicable, countries in which the person concerned fears persecution;

    • (b) the country or, where applicable, countries of residence of the person concerned in the last ten years and the status, if any, of the person concerned in each of those countries;

    • (c) the name, date of birth, nationality or, where applicable, nationalities and whereabouts of the spouse, children, parents and brothers and sisters, if any, of the person concerned;

    • (d) those identity and travel documents that were not given by the person concerned to a senior immigration officer;

    • (e) where applicable, a statement to the effect that the person concerned has destroyed or disposed of identity documents that were in the person’s possession, and the list of documents destroyed or disposed of and the reasons for the destruction or disposal;

    • (f) a detailed statement of the formal education or professional training and work history of the person concerned;

    • (g) where applicable, a statement to the effect that the person concerned has applied for a Canadian visa and the result of the application;

    • (h) a detailed statement of the route taken by the person concerned to Canada from the country or, where applicable, countries in which the person concerned fears persecution, including arrival and departure dates and method of transportation along that route;

    • (i) the date and place in Canada at which the person concerned first stated to a Canadian official the intention to claim Convention refugee status in Canada;

    • (j) the date, duration and purpose of any previous trips to Canada made by the person concerned;

    • (k) where applicable, a statement to the effect that the person concerned, since the date referred to in paragraph (i), has been in the country or countries in which the person concerned fears persecution;

    • (l) the type, document number, source of issue, date of issue and date of expiration of all documents used by the person concerned to travel to Canada, that were required to leave the country or countries in which the person concerned fears persecution, or were applied for by the person concerned after arrival in Canada for the purpose of travelling outside Canada, and, where applicable, an indication of any such documents that were not genuine or that were not issued in the name of the person concerned;

    • (m) where applicable, a statement to the effect that military or other service is compulsory in the country or countries in which the person concerned fears persecution, and details of the service, including draft age, length of service required and duration of actual service, dates of service, and whether the service was voluntary or due to conscription, and, where the person concerned did not serve or complete the service, the reasons why;

    • (n) where applicable, a statement to the effect that the person concerned is sought by the authorities in any country and the reasons therefor;

    • (o) the date and nature of any crime or offence committed by the person concerned;

    • (p) the date, place and disposition of any claim for Convention refugee status filed by the person concerned, or by any member of the family of the person concerned, in Canada, in another country or with the United Nations High Commissioner for Refugees;

    • (q) a statement of the grounds on which the claim of the person concerned is based;

    • (r) a statement of the facts on which the claim is based;

    • (s) the address and telephone number of the person concerned in Canada;

    • (t) the name, address and telephone number of counsel, if any, for the person concerned;

    • (u) where applicable, a statement to the effect that the person concerned requires an interpreter for the purpose of participating in proceedings before the Refugee Division and the language or dialect required for interpretation;

    • (v) the official language chosen by the person concerned for communication with the Refugee Division;

    • (w) a signed declaration by the person concerned that the information provided in accordance with this rule is true and correct to the best knowledge and belief of the person concerned;

    • (x) where the person concerned

      • (i) understands the language in which the information and documents referred to in this subrule are filed, a signed declaration by the person concerned that the person concerned fully understands the contents of the information and documentation, and

      • (ii) does not understand the language in which the information and documents referred to in this subrule are filed, a declaration of an interpreter stating that the information and documentation have been translated to the person; and

    • (y) any other relevant document.

  • (2) The information referred to in subsection (1) shall be

    • (a) provided on the form that was served on the person pursuant to paragraph 6(1)(c) or on a similar form; and

    • (b) filed

      • (i) in three copies, one being the original,

      • (ii) at the registry designated by the Refugee Division, and

      • (iii) within 28 days after the day on which the form is served on the person concerned pursuant to paragraph 6(1)(c), or within 35 days after that day where the information is filed by prepaid regular mail.

  • (3) In the case of a stateless person concerned, a reference in subrule (1) to the person’s nationality shall be read as a reference to the person’s country of former habitual residence.

Notice to Appear

 Where the Refugee Division directs a party to appear before it, the Refugee Division shall serve on that party a notice that sets out

  • (a) the date, time and place at which the party is to appear;

  • (b) the reason for which the party is to appear;

  • (c) the right of any party to be represented by counsel at the party’s own expense;

  • (d) in the case of a claim referred to the Refugee Division, that where a person concerned fails to appear at the date, time and place specified, the Refugee Division may declare the claim to have been abandoned; and

  • (e) in the case of an application made pursuant to section 69.2 of the Act, that where the Minister fails to appear at the date, time and place specified, the Refugee Division may declare the application to have been abandoned.

Official Languages

 Where the person concerned wishes to have a conference or hearing conducted in the official language other than the language chosen by the person concerned pursuant to paragraph 14(1)(v), the person concerned shall so notify the Refugee Division, in writing, at least 15 days before the date set for the conference or hearing, as the case may be.

Interpreter

  •  (1) The Refugee Division shall provide an interpreter to assist a party or witness where the party or witness advises the Refugee Division in writing at least 15 days before the date set for a conference or hearing, as the case may be, that the party or witness does not understand or speak the language in which the conference or hearing is to be conducted, or is hearing impaired.

  • (2) The interpreter shall take an oath or make a solemn affirmation to interpret accurately any statements made, and to translate accurately any documents that the Refugee Division may require to be translated, in the course of the conference or hearing.

Preliminary Conference

  •  (1) The Refugee Division may, by a notice to appear, direct the parties to attend, and participate in, a preliminary conference with a refugee hearing officer on any matter concerning a claim, in order to provide for a full and proper hearing and to dispose expeditiously of the claim.

  • (2) During the preliminary conference, the refugee hearing officer shall,

    • (a) ascertain that the information form referred to in rule 14 has been properly completed and signed by the person concerned;

    • (b) review the information and documents provided by the person concerned, in order to

      • (i) ascertain whether there is any missing information or discrepancy,

      • (ii) ascertain the basis for the claim of the person concerned, and

      • (iii) define, and, where possible, arrive at a consensus with the person concerned regarding issues that relate to the claim;

    • (c) where possible, identify the evidence that the person concerned intends to produce at the hearing; and

    • (d) where necessary, discuss any other matter with the person concerned that could assist in expediting the claim.

  • (3) After the preliminary conference, the refugee hearing officer shall make a report, and

    • (a) where the Minister has given notice of the Minister’s intention to participate at a hearing within the periods referred to in subrule 8(2) or where the refugee hearing officer is of the opinion that the person cannot be determined to be a Convention refugee without a hearing, shall notify the registrar so that a date for a hearing may be fixed; or

    • (b) where the Minister has not given notice of the Minister’s intention to participate at a hearing within the periods referred to in subrule 8(2), and where the refugee hearing officer is of the opinion that the person could be determined to be a Convention refugee without a hearing, shall forward the file to a member so that the member may decide, in accordance with subsection 69.1(7.1) of the Act and rule 19, whether the person concerned is a Convention refugee, without a hearing into the matter.

Determination of Claim Without a Hearing

  •  (1) Where a member receives a file pursuant to paragraph 18(3)(b), the member, before determining that the person concerned is a Convention refugee without a hearing into the matter, shall verify that

    • (a) the Minister has not given notice of the Minister’s intention to participate at the hearing within the periods referred to in subrule 8(2); and

    • (b) the information with respect to the claim that is provided by the person concerned is sufficient to enable the member to determine that the person concerned is a Convention refugee, without a hearing into the matter.

  • (2) Where, after verification of the matters in subrule (1), a member determines that the person concerned is a Convention refugee, the member shall forthwith render the member’s decision and shall send the file to the registrar.

  • (3) Where a member decides that the person concerned cannot be determined to be a Convention refugee without a hearing into the matter, the member shall send the file to the registrar so that a date for a hearing may be fixed.

Conferences

  •  (1) The Refugee Division may direct the parties, by a notice to appear, to attend a conference, that is to be held before or during a hearing, with one or more members or a refugee hearing officer on any matter related to a claim or application, in order to provide for a full and proper hearing and to dispose of the claim or application expeditiously.

  • (2) At the conference, the participants, unless they have done so at a preliminary conference held pursuant to rule 18, shall

    • (a) exchange the names and addresses of witnesses that they intend to call, copies of any document that they intend to produce and of any statement of the facts, information and opinions of which they are in possession and that they intend to produce as evidence at the hearing; and

    • (b) attempt to agree on means of simplifying the hearing and, as far as possible, define any pertinent issues, agree upon certain facts and receive documents.

  • (3) An agreement concluded at a conference shall be in writing and signed by the participants or given orally at the hearing and shall govern the hearing to the extent that the Refugee Division considers appropriate in order to provide for a full and proper hearing and to dispose of the claim or application expeditiously.

  • (4) Forthwith after a conference, a member or the refugee hearing officer, as the case may be, shall file at the registry any written agreement concluded and the original of any documents that have been received during the conference.

Disclosure

 A party or a refugee hearing officer who intends to call an expert witness at a hearing shall, at least 20 days before the date set for the hearing, serve on every party and file at the registry a report signed by the expert witness, setting out the name, address and qualifications of the expert witness and a brief summary of the substance of the proposed testimony of the expert witness.

Applications for Public Hearings and Confidentiality

  •  (1) A person who makes an application pursuant to subsection 69(2) of the Act shall do so in writing to the Refugee Division and shall file it at the registry.

  • (2) The Refugee Division shall notify the parties forthwith of the application referred to in subrule (1).

  • (3) An application that is made pursuant to subsection 69(3) of the Act in response to an application referred to in subrule (1) shall be made to the Refugee Division in writing and filed at the registry.

  • (4) Subject to any measure taken or any order made pursuant to subsection 69(3.1) of the Act, the Refugee Division shall notify the person referred to in subrule (1) and every party forthwith of the application referred to in subrule (3).

Witnesses

  •  (1) A party who calls a witness shall pay the witness the applicable fees and allowances set out in the Federal Court Rules.

  • (2) The Board shall pay witnesses called by the refugee hearing officer the applicable fees and allowances set out in the Federal Court Rules.

  •  (1) The Refugee Division may, at the request of a party or of its own motion, exclude witnesses from a hearing until they are called to testify.

  • (2) No person may communicate to a witness who has been excluded pursuant to subrule (1) any evidence or testimony that is given during the course of a hearing until after the witness has testified.

  •  (1) A party or refugee hearing officer who makes an application to summon a witness shall do so in writing and shall file it at the registry.

  • (2) Where a person fails to comply with a summons, the party who applied for the issuance of the summons may make an application in writing, accompanied by an affidavit setting out the facts on which the application is based, to the Refugee Division for a warrant and shall file the application at the registry.

  • (3) An application made under subrule (2) shall contain information to establish that

    • (a) the person named in the summons was served with the summons and was paid or offered a reasonable amount of attendance money but failed to comply with the requirements of the summons; and

    • (b) the appearance of the person named in the summons is necessary to ensure a full and proper hearing.

  • (4) A warrant issued on an application made under subrule (2) that directs a peace officer to cause the person named therein to be apprehended anywhere in Canada shall indicate the measures to be taken by the peace officer in respect of the detention or release of the person.

  • (5) The measures referred to in subrule (4) may include

    • (a) detaining the person in custody and forthwith bringing the person before the Refugee Division; and

    • (b) releasing the person on a recognizance, with or without sureties, conditional on the person’s appearance at the date, time and place specified, to give or produce evidence at a hearing before the Refugee Division.

Person Concerned in Custody

 Where a person concerned is detained, the Refugee Division may order the person who detains the person concerned to bring the latter in custody to a conference or hearing held in respect of the person concerned.

Applications

  •  (1) Subject to subrule (2), an application referred to in rules 12, 13, 38 or 40 shall be

    • (a) made in writing;

    • (b) filed at the registry; and

    • (c) served on every party.

  • (2) A party or, where applicable, a refugee hearing officer may make any application that is provided for in these Rules orally at a hearing where the members are satisfied that no injustice is likely to be caused to any party thereby.

  • (3) The Refugee Division may determine an application when it is satisfied that all parties have been given a reasonable opportunity to make representations.

Motions

  •  (1) Every application that is not provided for in these Rules shall be made by a party to the Refugee Division by motion, unless, where the application is made during a hearing, the members decide that, in the interests of justice, the application should be dealt with in some other manner.

  • (2) The motion shall consist of

    • (a) a notice specifying the grounds on which the motion is made;

    • (b) an affidavit setting out the facts on which the motion is based; and

    • (c) a concise statement of the law and of the arguments that are relied on by the applicant.

  • (3) The motion shall be

    • (a) served on the other party to the proceeding; and

    • (b) filed in duplicate, together with proof of service thereof, at the registry within five days after the date of service.

  • (4) Evidence in support of a motion shall be introduced by affidavit, unless the Refugee Division decides that, in the interests of justice, the evidence should be introduced in some other manner.

  • (5) The other party may, within seven days after being served with a motion, file at the registry a reply stating concisely the law and arguments relied on by the party, accompanied by an affidavit setting out the facts on which the reply is based.

  • (6) A refugee hearing officer may, within seven days after the day on which the motion was filed, file at the registry a summary of the matters that the refugee hearing officer believes that the Refugee Division should take into consideration when deciding on the motion.

  • (7) The applicant may, within seven days after being served with a reply referred to in subrule (5) or a summary referred to in subrule (6), file a response thereto at the registry.

  • (8) A copy of the reply and affidavit filed pursuant to subrule (5), of the summary filed pursuant to subrule (6) and of the response filed pursuant to subrule (7) shall be served on every party within seven days after the date of service of the motion, reply or summary, as the case may be.

  • (9) The Refugee Division, on being satisfied that no injustice is likely to be caused, may dispose of a motion without a hearing.

Decisions

 In the event of a split decision on an interlocutory matter, the presiding member shall have the deciding vote.

 The registrar shall sign all notices of decisions of the Refugee Division and shall forthwith serve the Minister and the person concerned with a copy of all such notices.

 A request made to the Refugee Division pursuant to paragraph 69.1(11)(b) or 69.3(7)(b) of the Act for written reasons for a decision shall be in writing and filed at the registry.

Abandonment

  •  (1) Before declaring a claim to have been abandoned pursuant to subsection 69.1(6) of the Act or an application to have been abandoned pursuant to subsection 69.3(2) of the Act, the Refugee Division shall serve on the parties a notice to appear directing them to attend a hearing on the abandonment.

  • (2) The notice to appear shall also inform the parties that where, at the end of a hearing concerning an abandonment, the Refugee Division does not declare the claim or application to have been abandoned, the Refugee Division will forthwith commence or resume the hearing into the claim or application.

Withdrawal

  •  (1) A party may withdraw a claim or application either orally during a hearing or by notice in writing filed at the registry.

  • (2) The registrar shall forthwith notify in writing the Minister or the person concerned, as the case may be, of any withdrawal of a claim or application.

Reinstatement

  •  (1) A party who has withdrawn a claim or application may, by motion made pursuant to subrules 28(2) to (8), apply to the Refugee Division for reinstatement of the claim or application.

  • (2) The application for reinstatement shall be served on the Minister even where the Minister is not a party.

  • (3) The Refugee Division may grant the application for reinstatement of a claim or application if it is satisfied that there are sufficient reasons why the claim or application should be reinstated and that it is in the interests of justice to do so.

Service and Filing

  •  (1) Subject to subrule (5), service of any document in the course of any proceeding under these Rules shall be effected by personal service, by prepaid regular mail, by any mail service whereby the sender is provided with an acknowledgement of receipt, or by the telephone transmission of a facsimile of the document in accordance with subrule (3).

  • (2) A copy of any document served on a party pursuant to subrule (1), with the exception of the document referred to in paragraph 6(1)(c), shall also be served on that party’s counsel, if any.

  • (3) A document that is served by telephone transmission of a facsimile shall include a cover page setting out

    • (a) the sender’s name, address and telephone number;

    • (b) the name of the addressee;

    • (c) the total number of pages transmitted, including the cover page;

    • (d) the telephone number from which the document is transmitted; and

    • (e) the name and telephone number of a person to contact in the event of transmission problems.

  • (4) Service by prepaid regular mail shall be considered to be effected on the date that is seven days after the date of mailing.

  • (5) Where service cannot be effected in accordance with subrule (1), the Chairperson may direct that service be effected by such means as will, to the extent possible, provide a party with the document and as will not likely cause injustice to any party.

  • (6) After service of a document has been effected by a party, the party shall file proof of service thereof at the registry.

 The person concerned shall notify the Refugee Division, in writing,

  • (a) within 10 days after being served with the information form referred to in rule 14, of the address of the party;

  • (b) forthwith, of the name and address for service of counsel of the person concerned; and

  • (c) forthwith, of any changes in the information referred to in paragraphs (a) and (b).

  •  (1) A document shall be filed at the registry by serving it on an employee of the registry at which the file relating to the claim or application is held.

  • (2) The filing of a telephone transmission of a facsimile shall be considered to be effected on the date on which it is received by the registrar, as stamped on the facsimile.

  • (3) All documents submitted in the course of any proceeding under these Rules in a language other than English or French shall be accompanied by a translation in English or French that is certified to be correct, unless the Refugee Division decides that a translation is not necessary to provide for a full and proper hearing.

Time Limits

 The Refugee Division may, on application by a party or a refugee hearing officer made in accordance with rule 27 either before or after a time limit set out in these Rules has expired, shorten or extend the time limit, in order to provide for a full and proper hearing.

General

 These Rules are not exhaustive and, where any matter that is not provided for in these Rules arises in the course of any proceeding, the Refugee Division may take whatever measures are necessary to provide for a full and proper hearing and to dispose of the matter expeditiously.

 Where a party or a refugee hearing officer does not comply with a requirement of these Rules, the Refugee Division, on application made by the party or refugee hearing officer in accordance with rule 27, may permit the party or refugee hearing officer to remedy the non-compliance or may waive the requirement, where it is satisfied that no injustice is thereby likely to be caused to any party or the proceeding will not be unreasonably impeded.


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