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Refugee Appeal Division Rules

SOR/2012-257

IMMIGRATION AND REFUGEE PROTECTION ACT

Registration 2012-11-30

Refugee attraction division guidelines

percent. 2012-1595 2012-eleven-29

The Chairperson of the Immigration and Refugee Board, pursuant to subsection 161(1) of the Immigration and Refugee protection ActFootnote a, and situation to the approval of the Governor in Council, in consultation with the Deputy Chairpersons and the Director trendy of the Immigration department, makes the annexed Refugee appeal department guidelines.

Ottawa, October 26, 2012

BRIAN P. GOODMAN
Chairperson of the Immigration and Refugee Board
His Excellency the Governor preferred 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, approves the annexed Refugee enchantment division rules, made by means of the Chairperson of the Immigration and Refugee Board, in consultation with the Deputy Chairpersons and the Director widespread of the Immigration division.

return to footnote aS.C. 2001, c. 27

Interpretation
Marginal word:Definitions

1 the subsequent definitions practice in these regulations.

Act method the Immigration and Refugee protection Act. (Loi)

appellant means a person who’s the concern of an appeal, or the Minister, who makes an enchantment to the department from a decision of the Refugee protection division. (appelant)

touch records approach, with respect to someone,

(a) the person’s name, postal address and phone variety, and their fax quantity and email cope with, if any; and

(b) inside the case of suggest for someone who’s the problem of an attraction, if the counsel is someone stated in any of paragraphs ninety one(2)(a) to (c) of the Act, in addition to the statistics mentioned in paragraph (a), the call of the body of which the recommend is a member and the club identity quantity issued to the counsel. (coordonnées)

department method the Refugee attraction division. (section)

fascinated person manner someone whose software to participate in an enchantment below rule 46 has been granted. (personne intéressée)

celebration method,

(a) inside the case of an enchantment by a person who’s the problem of an appeal, the individual and, if the Minister intervenes inside the appeal, the Minister; and

(b) inside the case of an enchantment with the aid of the Minister, the person that is the issue of the appeal and the Minister. (partie)

proceeding includes a conference, an utility, or an enchantment that is determined with or without a hearing. (procédure)

registry workplace method a enterprise workplace of the department. (greffe)

rules manner the Immigration and Refugee protection policies. (Règlement)

respondent method a person who’s the issue of an attraction inside the case of an enchantment by way of the Minister. (intimé)

UNHCR approach the United countries high Commissioner for Refugees and includes its representative or agent. (HCR)

inclined man or woman approach a person who has been recognized as inclined beneath the guideline on processes with recognize to inclined men and women acting before the IRB issued below paragraph 159(1)(h) of the Act. (personne vulnérable)

working day does no longer include Saturdays, Sundays or other days on which the Board places of work are closed. (jour ouvrable)

element 1
Rules Applicable to Appeals Made by a Person Who Is the Subject of an Appeal

Filing and Perfecting an Appeal
Marginal note:filing enchantment

2 (1) To record an attraction, the individual that is the challenge of the appeal should offer to the division three copies of a written observe of enchantment.

Marginal word:reproduction provided to Minister

(2) The department must provide a duplicate of the awareness of appeal to the Minister straight away.

Marginal be aware:content of notice of appeal

(3) within the word of enchantment, the appellant must imply

(a) their name and telephone wide variety, and an cope with where files can be supplied to them;

(b) if represented by using suggest, recommend’s touch records and any obstacles on recommend’s retainer;

(c) the identity quantity given with the aid of the department of Citizenship and Immigration to them;

(d) the Refugee safety division record variety, the date of the attention of decision regarding the decision being appealed and the date that they obtained the written reasons for the selection;

(e) the language — English or French — selected by using them because the language of the appeal; and

(f) the representative’s contact information if the Refugee protection department has certain a consultant for them in the lawsuits regarding the selection being appealed, and any proposed alternate in consultant.

Marginal notice:Time restriction

(4) the attention of appeal provided under this rule should be received via the department within the time limit for filing an enchantment set out in the rules.

Marginal notice:Perfecting attraction

three (1) To ideal an attraction, the person that is the concern of the attraction should provide to the department two copies of the appellant’s report.

Marginal notice:reproduction provided to Minister

(2) The department must offer a duplicate of the appellant’s file to the Minister right now.

Marginal note:content material of appellant’s document

(3) The appellant’s document ought to contain the subsequent documents, on consecutively numbered pages, within the following order:

(a) the awareness of selection and written motives for the Refugee protection division’s selection that the appellant is appealing;

(b) all or a part of the transcript of the Refugee safety department hearing if the appellant desires to rely on the transcript within the appeal, collectively with a assertion, signed by the transcriber, that includes the transcriber’s call and a announcement that the transcript is correct;

(c) any documents that the Refugee protection department refused to accept as evidence, for the duration of or after the listening to, if the appellant desires to rely on the files within the appeal;

(d) a written announcement indicating

(i) whether or not the appellant is counting on any evidence stated in subsection 110(4) of the Act,

(ii) whether the appellant is inquiring for that a listening to be held under subsection one hundred ten(6) of the Act, and if they are inquiring for a hearing, whether or not they’re making an software underneath rule sixty six to alternate the vicinity of the hearing, and

(iii) the language and dialect, if any, to be interpreted, if the department comes to a decision that a listening to is vital and the appellant desires an interpreter;

(e) any documentary evidence that the appellant wants to rely upon inside the enchantment;

(f) any law, case law or different legal authority that the appellant desires to depend upon within the attraction; and

(g) a memorandum that consists of full and detailed submissions regarding

(i) the mistakes that are the grounds of the attraction,

(ii) where the mistakes are located within the written motives for the Refugee safety department’s selection that the appellant is attractive or within the transcript or in any audio or other digital recording of the Refugee safety department listening to,

(iii) how any documentary evidence cited in paragraph (e) meets the requirements of subsection one hundred ten(four) of the Act and the way that evidence relates to the appellant,

(iv) the choice the appellant wants the division to make, and

(v) why the department must maintain a listening to beneath subsection a hundred and ten(6) of the Act if the appellant is asking for that a listening to be held.

Marginal be aware:duration of memorandum

(four) The memorandum mentioned in paragraph (three)(g) should no longer be more than 30 pages lengthy if typewritten on one facet or 15 pages if typewritten on both aspects.

Marginal word:Time restrict

(5) The appellant’s file provided under this rule have to be acquired by means of the department in the time restriction for perfecting an enchantment set out within the guidelines.

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