Refugee Protection Division Rules — 54
Application in writing 54 (1) Subject to subrule (5), an application to change the date or time of a proceeding must be made in accordance with rule 50, but the party is not required to give evidence in an affidavit or statutory declaration. Time limit and content of application (2) The application must (a) be made without delay; (b) be received by the Division no later than three working days before the date fixed for the proceeding, unless the application is made for medical reasons or other emergencies; and (c) include at least three dates and times, which are no later than 10 working days after the date originally fixed for the proceeding, on which the party is available to start or continue the proceeding. Oral application (3) If it is not possible for the party to make the application in accordance with paragraph (2)(b), the party must appear on the date fixed for the proceeding and make the application orally before the time fixed for the proceeding. Factors (4) Subject to subrule (5), the Division must not allow the application unless there are exceptional circumstances, such as (a) the change is required to accommodate a vulnerable person; or (b) an emergency or other development outside the party’s control and the party has acted diligently. Counsel retained or availability of counsel provided after hearing date fixed (5) If, at the time the officer fixed the hearing date under subrule 3(1), a claimant did not have counsel or was unable to provide the dates when their counsel would be available to attend a hearing, the claimant may make an application to change the date or time of the hearing. Subject to operational limitations, the Division must allow the application if (a) the claimant retains counsel no later than five working days after the day on which the hearing date was fixed by the officer; (b) the counsel retained is not available on the date fixed for the hearing; (c) the application is made in writing; (d) the application is made without delay and no later than five working days after the day on which the hearing date was fixed by the officer; and (e) the claimant provides at least three dates and times when counsel is available, which are within the time limits set out in the Regulations for the hearing of the claim. Application for medical reasons (6) If a claimant or protected person makes the application for medical reasons, other than those related to their counsel, they must provide, together with the application, a legible, recently dated medical certificate signed by a qualified medical practitioner whose name and address are printed or stamped on the certificate. A claimant or protected person who has provided a copy of the certificate to the Division must provide the original document to the Division without delay. Content of certificate (7) The medical certificate must set out (a) the particulars of the medical condition, without specifying the diagnosis, that prevent the claimant or protected person from participating in the proceeding on the date fixed for the proceeding; and (b) the date on which the claimant or protected person is expected to be able to participate in the proceeding. Failure to provide medical certificate (8) If a claimant or protected person fails to provide a medical certificate in accordance with subrules (6) and (7), they must include in their application (a) particulars of any efforts they made to obtain the required medical certificate, supported by corroborating evidence; (b) particulars of the medical reasons for the application, supported by corroborating evidence; and (c) an explanation of how the medical condition prevents them from participating in the proceeding on the date fixed for the proceeding. Subsequent application (9) If the party made a previous application 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. Duty to app