Refugee Protection Division Rules — 3
Fixing date, time and location of hearing 3 (1) As soon as a claim for refugee protection is referred to the Division, or as soon as possible before it is deemed to be referred under subsection 100(3) of the Act, an officer must fix a date, time and location for the claimant to attend a hearing on the claim, within the time limits set out in the Regulations, from the dates, times and locations provided by the Division. Date fixed by officer (2) Subject to paragraph 3(b), the officer must select the date closest to the last day of the applicable time limit set out in the Regulations, unless the claimant agrees to an earlier date. Factors (3) In fixing the date, time and location for the hearing, the officer must consider (a) the claimant’s preference of location; and (b) counsel’s availability, if the claimant has retained counsel at the time of referral and the officer has been informed that counsel will be available to attend a hearing on one of the dates provided by the Division. Providing information to claimant in writing (4) The officer must (a) notify the claimant in writing by way of a notice to appear (i) of the date, time and location of the hearing of the claim; and (ii) of the date, time and location of any special hearing on the abandonment of the claim under subrules 65(2) and (3); (b) unless the claimant has provided a completed Basis of Claim Form to the officer in accordance with subsection 99(3.1) of the Act, provide to the claimant the Basis of Claim Form; and (c) provide to the claimant information in writing (i) explaining how and when to provide a Basis of Claim Form and other documents to the Division and to the Minister, (ii) informing the claimant of the importance of obtaining relevant documentary evidence without delay, (iii) explaining how the hearing will proceed, (iv) informing the claimant of the obligation to notify the Division and the Minister of the claimant’s contact information and any changes to that information, (v) informing the claimant that they may, at their own expense, be represented by legal or other counsel, and (vi) informing the claimant that the claim may be declared abandoned without further notice if the claimant fails to provide the completed Basis of Claim Form or fails to appear at the hearing. Providing information in writing and documents to Division (5) After providing to the claimant the information set out in subrule (4), the officer must without delay provide to the Division (a) a written statement indicating how and when the information set out in subrule (4) was provided to the claimant; (b) the completed Basis of Claim Form for a claimant referred to in subsection 99(3.1) of the Act; (c) a copy of each notice to appear provided to the claimant in accordance with paragraph (4)(a); (d) the information set out in Schedule 2; (e) a copy of any identity and travel documents of the claimant that have been seized by the officer; (f) a copy of the notice of seizure of any seized documents referred to in paragraph (e); and (g) a copy of any other relevant documents that are in the possession of the officer. Providing copies to claimant (6) The officer must provide to the claimant a copy of any documents or information that the officer has provided to the Division under paragraphs (5)(d) to (g).