GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Refugee Protection Division Rules — 62
Application to reopen claim 62 (1) At any time before the Refugee Appeal Division or the Federal Court has made a final determination in respect of a claim for refugee protection that has been decided or declared abandoned, the claimant or the Minister may make an application to the Division to reopen the claim. Form of application (2) The application must be made in accordance with rule 50 and, for the purpose of paragraph 50(5)(a), the Minister is considered to be a party whether or not the Minister took part in the proceedings. Contact information (3) If a claimant makes the application, they must include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer. Allegations against counsel (4) If it is alleged in the application that the claimant’s counsel in the proceedings that are the subject of the application provided inadequate representation, (a) the claimant must first provide a copy of the application to the counsel and then provide the original application to the Division, and (b) the application provided to the Division must be accompanied by a written statement indicating how and when the copy of the application was provided to the counsel. Copy of notice of appeal or pending application (5) The application must be accompanied by a copy of any notice of pending appeal or any pending application for leave to apply for judicial review or any pending application for judicial review. Factor (6) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice. Factors (7) In deciding the application, the Division must consider any relevant factors, including (a) whether the application was made in a timely manner and the justification for any delay; and (b) the reasons why (i) a party who had the right of appeal to the Refugee Appeal Division did not appeal, or (ii) a party did not make an application for leave to apply for judicial review or an application for judicial review. Subsequent application (8) If the party made a previous application to reopen 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. Other remedies (9) If there is a pending appeal to the Refugee Appeal Division or a pending application for leave to apply for judicial review or a pending application for judicial review on the same or similar grounds, the Division must, as soon as is practicable, allow the application to reopen if it is necessary for the timely and efficient processing of a claim, or dismiss the application.
Refugee Protection Division Rules — 63
Application to reopen application to vacate or to cease refugee protection 63 (1) At any time before the Federal Court has made a final determination in respect of an application to vacate or to cease refugee protection that has been decided or declared abandoned, the Minister or the protected person may make an application to the Division to reopen the application. Form of application (2) The application must be made in accordance with rule 50. Contact information (3) If a protected person makes the application, they must include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer, and they must provide a copy of the application to the Minister. Allegations against counsel (4) If it is alleged in the application that the protected person’s counsel in the proceedings that are the subject of the application to reopen provided inadequate representation, (a) the protected person must first provide a copy of the application to the counsel and then provide the original application to the Division, and (b) the application provided to the Division must be accompanied by a written statement indicating how and when the copy of the application was provided to the counsel. Copy of pending application (5) The application must be accompanied by a copy of any pending application for leave to apply for judicial review or any pending application for judicial review in respect of the application to vacate or to cease refugee protection. Factor (6) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice. Factors (7) In deciding the application, the Division must consider any relevant factors, including (a) whether the application was made in a timely manner and the justification for any delay; and (b) if a party did not make an application for leave to apply for judicial review or an application for judicial review, the reasons why an application was not made. Subsequent application (8) If the party made a previous application to reopen 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. Other remedies (9) If there is a pending application for leave to apply for judicial review or a pending application for judicial review on the same or similar grounds, the Division must, as soon as is practicable, allow the application to reopen if it is necessary for the timely and efficient processing of a claim, or dismiss the application.
Refugee Protection Division Rules — 64
Form of application 64 (1) An application to vacate or to cease refugee protection made by the Minister must be in writing and made in accordance with this rule. Content of application (2) In the application, the Minister must include (a) the contact information of the protected person and of their counsel, if any; (b) the identification number given by the Department of Citizenship and Immigration to the protected person; (c) the date and file number of any Division decision with respect to the protected person; (d) in the case of a person whose application for protection was allowed abroad, the person’s file number, a copy of the decision and the location of the office; (e) the decision that the Minister wants the Division to make; and (f) the reasons why the Division should make that decision. Providing application to protected person and Division (3) The Minister must provide (a) a copy of the application to the protected person; and (b) the original of the application to the registry office that provided the notice of decision in the claim or to a registry office specified by the Division, together with a written statement indicating how and when a copy was provided to the protected person.
Refugee Protection Division Rules — 65
Opportunity to explain 65 (1) In determining whether a claim has been abandoned under subsection 168(1) of the Act, the Division must give the claimant an opportunity to explain why the claim should not be declared abandoned, (a) immediately, if the claimant is present at the proceeding and the Division considers that it is fair to do so; or (b) in any other case, by way of a special hearing. Special hearing — Basis of Claim Form (2) The special hearing on the abandonment of the claim for the failure to provide a completed Basis of Claim Form in accordance with paragraph 7(5)(a) must be held no later than five working days after the day on which the completed Basis of Claim Form was due. At the special hearing, the claimant must provide their completed Basis of Claim Form, unless the form has already been provided to the Division. Special hearing — failure to appear (3) The special hearing on the abandonment of the claim for the failure to appear for the hearing of the claim must be held no later than five working days after the day originally fixed for the hearing of the claim. Factors to consider (4) The Division must consider, in deciding if the claim should be declared abandoned, the explanation given by the claimant and any other relevant factors, including the fact that the claimant is ready to start or continue the proceedings. Medical reasons (5) If the claimant’s explanation includes medical reasons, other than those related to their counsel, they must provide, together with the explanation, the original of a legible, recently dated medical certificate signed by a qualified medical practitioner whose name and address are printed or stamped on the certificate. Content of certificate (6) The medical certificate must set out (a) the particulars of the medical condition, without specifying the diagnosis, that prevented the claimant from providing the completed Basis of Claim Form on the due date, appearing for the hearing of the claim, or otherwise pursuing their claim, as the case may be; and (b) the date on which the claimant is expected to be able to pursue their claim. Failure to provide medical certificate (7) If a claimant fails to provide a medical certificate in accordance with subrules (5) and (6), the claimant must include in their explanation (a) particulars of any efforts they made to obtain the required medical certificate, supported by corroborating evidence; (b) particulars of the medical reasons included in the explanation, supported by corroborating evidence; and (c) an explanation of how the medical condition prevented them from providing the completed Basis of Claim Form on the due date, appearing for the hearing of the claim or otherwise pursuing their claim, as the case may be. Start or continue proceedings (8) If the Division decides not to declare the claim abandoned, other than under subrule (2), it must start or continue the proceedings on the day the decision is made or as soon as possible after that day.
Refugee Protection Division Rules — 66
Notice of constitutional question 66 (1) A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question. Form and content of notice (2) The party must complete the notice as set out in Form 69 of the Federal Courts Rules or any other form that includes (a) the party’s name; (b) the Division file number; (c) the date, time and location of the hearing; (d) the specific legislative provision that is being challenged; (e) the material facts relied on to support the constitutional challenge; and (f) a summary of the legal argument to be made in support of the constitutional challenge. Providing notice (3) The party must provide (a) a copy of the notice to the Attorney General of Canada and to the attorney general of each province of Canada, in accordance with section 57 of the Federal Courts Act ; (b) a copy of the notice to the Minister; (c) a copy of the notice to the other party, if any; and (d) the original notice to the Division, together with a written statement indicating how and when the copies of the notice were provided under paragraphs (a) to (c), and proof that they were provided. Time limit (4) Documents provided under this rule must be received by their recipients no later than 10 days before the day on which the constitutional argument is made.
Refugee Protection Division Rules — 67
Notice of decision and reasons 67 (1) When the Division makes a decision, other than an interlocutory decision, it must provide in writing a notice of decision to the claimant or the protected person, as the case may be, and to the Minister. Written reasons (2) The Division must provide written reasons for the decision together with the notice of decision (a) if written reasons must be provided under paragraph 169(1)(d) of the Act; (b) if the Minister was not present when the Division rendered an oral decision and reasons allowing a claim for refugee protection; or (c) when the Division makes a decision on an application to vacate or to cease refugee protection. Request for written reasons (3) A request under paragraph 169(1)(e) of the Act for written reasons for a decision must be made in writing.
Refugee Protection Division Rules — 68
When decision of single member takes effect 68 (1) A decision made by a single Division member allowing or rejecting a claim for refugee protection, on an application to vacate or to cease refugee protection, on the abandonment of a claim or of an application to vacate or to cease refugee protection, or allowing an application to withdraw a claim or to withdraw an application to vacate or to cease refugee protection takes effect (a) if given orally at a hearing, when the member states the decision and gives the reasons; and (b) if made in writing, when the member signs and dates the reasons for the decision. When decision of three member panel takes effect (2) A decision made by a panel of three Division members allowing or rejecting a claim for refugee protection, on an application to vacate or to cease refugee protection, on the abandonment of a claim or of an application to vacate or to cease refugee protection, or allowing an application to withdraw a claim or to withdraw an application to vacate or to cease refugee protection takes effect (a) if given orally at a hearing, when all the members state their decision and give their reasons; and (b) if made in writing, when all the members sign and date their reasons for the decision.
Refugee Protection Division Rules — 69
No applicable rule 69 In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter.
Refugee Protection Division Rules — 70
Powers of Division 70 The Division may, after giving the parties notice and an opportunity to object, (a) act on its own initiative, without a party having to make an application or request to the Division; (b) change a requirement of a rule; (c) excuse a person from a requirement of a rule; and (d) extend a time limit, before or after the time limit has expired, or shorten it if the time limit has not expired.
Refugee Protection Division Rules — 71
Failure to follow rule 71 Unless proceedings are declared invalid by the Division, a failure to follow any requirement of these Rules does not make the proceedings invalid.
Refugee Protection Division Rules — Refugee Protection Division Rules
S.C. 2010, c. 8 * 74 These Rules come into force on the day on which section 26 of the Balanced Refugee Reform Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Rules in force December 15, 2012, see SI/2012-96.]
Refugee Appeal Division Rules — Refugee Appeal Division Rules
The Chairperson of the Immigration and Refugee Board, pursuant to subsection 161(1) of the Immigration and Refugee Protection Act a , and subject to the approval of the Governor in Council, in consultation with the Deputy Chairpersons and the Director General of the Immigration Division, makes the annexed Refugee Appeal Division Rules . Ottawa, October 26, 2012 BRIAN P. GOODMAN Chairperson of the Immigration and Refugee Board
Refugee Appeal Division Rules — Refugee Appeal Division Rules
Ottawa, October 26, 2012 BRIAN P. GOODMAN Chairperson of the Immigration and Refugee Board
Refugee Appeal Division Rules — Refugee Appeal Division Rules
His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 161(1) of the Immigration and Refugee Protection Act a , approves the annexed Refugee Appeal Division Rules , made by the Chairperson of the Immigration and Refugee Board, in consultation with the Deputy Chairpersons and the Director General of the Immigration Division.
Refugee Appeal Division Rules — 1
Definitions 1 The following definitions apply in these Rules. Act means the Immigration and Refugee Protection Act . ( Loi ) appellant means a person who is the subject of an appeal, or the Minister, who makes an appeal to the Division from a decision of the Refugee Protection Division. ( appelant ) contact information means, with respect to a person, (a) the person’s name, postal address and telephone number, and their fax number and email address, if any; and (b) in the case of counsel for a person who is the subject of an appeal, if the counsel is a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, in addition to the information referred to in paragraph (a), the name of the body of which the counsel is a member and the membership identification number issued to the counsel. ( coordonnées ) Division means the Refugee Appeal Division. ( Section ) interested person means a person whose application to participate in an appeal under rule 46 has been granted. ( personne intéressée ) party means, (a) in the case of an appeal by a person who is the subject of an appeal, the person and, if the Minister intervenes in the appeal, the Minister; and (b) in the case of an appeal by the Minister, the person who is the subject of the appeal and the Minister. ( partie ) proceeding includes a conference, an application, or an appeal that is decided with or without a hearing. ( procédure ) registry office means a business office of the Division. ( greffe ) Regulations means the Immigration and Refugee Protection Regulations . ( Règlement ) respondent means a person who is the subject of an appeal in the case of an appeal by the Minister. ( intimé ) UNHCR means the United Nations High Commissioner for Refugees and includes its representative or agent. ( HCR ) vulnerable person means a person who has been identified as vulnerable under the Guideline on Procedures with Respect to Vulnerable Persons Appearing Before the IRB issued under paragraph 159(1)(h) of the Act. ( personne vulnérable ) working day does not include Saturdays, Sundays or other days on which the Board offices are closed. ( jour ouvrable )
Refugee Appeal Division Rules — Refugee Appeal Division Rules
Act means the Immigration and Refugee Protection Act . ( Loi )
Refugee Appeal Division Rules — Refugee Appeal Division Rules
appellant means a person who is the subject of an appeal, or the Minister, who makes an appeal to the Division from a decision of the Refugee Protection Division. ( appelant )
Refugee Appeal Division Rules — (a)
contact information means, with respect to a person, (a) the person’s name, postal address and telephone number, and their fax number and email address, if any; and (b) in the case of counsel for a person who is the subject of an appeal, if the counsel is a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, in addition to the information referred to in paragraph (a), the name of the body of which the counsel is a member and the membership identification number issued to the counsel. ( coordonnées )
Refugee Appeal Division Rules — Refugee Appeal Division Rules
Division means the Refugee Appeal Division. ( Section )
Refugee Appeal Division Rules — Refugee Appeal Division Rules
interested person means a person whose application to participate in an appeal under rule 46 has been granted. ( personne intéressée )
Refugee Appeal Division Rules — (a)
party means, (a) in the case of an appeal by a person who is the subject of an appeal, the person and, if the Minister intervenes in the appeal, the Minister; and (b) in the case of an appeal by the Minister, the person who is the subject of the appeal and the Minister. ( partie )
Refugee Appeal Division Rules — Refugee Appeal Division Rules
proceeding includes a conference, an application, or an appeal that is decided with or without a hearing. ( procédure )
Refugee Appeal Division Rules — Refugee Appeal Division Rules
registry office means a business office of the Division. ( greffe )
Refugee Appeal Division Rules — Refugee Appeal Division Rules
Regulations means the Immigration and Refugee Protection Regulations . ( Règlement )
Refugee Appeal Division Rules — Refugee Appeal Division Rules
respondent means a person who is the subject of an appeal in the case of an appeal by the Minister. ( intimé )
Refugee Appeal Division Rules — Refugee Appeal Division Rules
UNHCR means the United Nations High Commissioner for Refugees and includes its representative or agent. ( HCR )
Refugee Appeal Division Rules — Refugee Appeal Division Rules
vulnerable person means a person who has been identified as vulnerable under the Guideline on Procedures with Respect to Vulnerable Persons Appearing Before the IRB issued under paragraph 159(1)(h) of the Act. ( personne vulnérable )
Refugee Appeal Division Rules — Refugee Appeal Division Rules
working day does not include Saturdays, Sundays or other days on which the Board offices are closed. ( jour ouvrable )
Refugee Appeal Division Rules — 2
Filing appeal 2 (1) To file an appeal, the person who is the subject of the appeal must provide to the Division three copies of a written notice of appeal. Copy provided to Minister (2) The Division must provide a copy of the notice of appeal to the Minister without delay. Content of notice of appeal (3) In the notice of appeal, the appellant must indicate (a) their name and telephone number, and an address where documents can be provided to them; (b) if represented by counsel, counsel’s contact information and any limitations on counsel’s retainer; (c) the identification number given by the Department of Citizenship and Immigration to them; (d) the Refugee Protection Division file number, the date of the notice of decision relating to the decision being appealed and the date that they received the written reasons for the decision; (e) the language — English or French — chosen by them as the language of the appeal; and (f) the representative’s contact information if the Refugee Protection Division has designated a representative for them in the proceedings relating to the decision being appealed, and any proposed change in representative. Time limit (4) The notice of appeal provided under this rule must be received by the Division within the time limit for filing an appeal set out in the Regulations.