GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Refugee Appeal Division Rules — 22
Choice of language 22 (1) A person who is the subject of an appeal must choose English or French as the language of the appeal. The person must indicate that choice in the notice of appeal if they are the appellant or in the notice of intent to respond if they are the respondent. Language — Minister’s appeals (2) If the appellant is the Minister, the language of the appeal is the language chosen by the person who is the subject of the appeal in the proceedings relating to the decision being appealed. Changing language (3) A person who is the subject of an appeal may change the language of the appeal that they chose under subrule (1) by notifying the Division and the Minister in writing without delay and, if a date for a proceeding has been fixed, the notice must be received by their recipients no later than 20 days before that date.
Refugee Appeal Division Rules — 23
ages and procedures in the processing of their case; (d) assisting in gathering evidence to support the represented person’s case and in providing evidence and, if necessary, being a witness at the hearing; (e) protecting the interests of the represented person and putting forward the best possible case to the Division; and (f) informing and consulting the represented person to the extent possible when making decisions about the case.
Refugee Appeal Division Rules — 24
Notice to parties 24 (1) Before using any information or opinion that is within its specialized knowledge, the Division must notify the parties and give them an opportunity to, (a) if a date for a hearing has not been fixed, make written representations on the reliability and use of the information or opinion and provide written evidence in support of their representations; and (b) if a date for a hearing has been fixed, make oral or written representations on the reliability and use of the information or opinion and provide evidence in support of their representations. Providing written representations and evidence (2) A party must provide its written representations and evidence first to any other party and then to the Division. Proof written representations and evidence were provided (3) The written representations and evidence provided to the Division must be accompanied by proof that they were provided to any other party.
Refugee Appeal Division Rules — 25
Notice of constitutional question 25 (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 specific legislative provision that is being challenged; (d) the material facts relied on to support the constitutional challenge; and (e) 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 even if the Minister has not yet intervened in the appeal; (c) a copy of the notice to the UNHCR, if the UNHCR has provided notice of its intention to provide written submissions, and to any interested person; and (d) the original notice to the Division, together with proof that copies were provided under paragraphs (a) to (c). Time limit (4) Documents provided under this rule must be received by their recipients at the same time as the Division receives the appellant’s record, respondent’s record or the reply record, as the case may be. Deciding of constitutional question (5) The Division must not make a decision on the constitutional question until at least 10 days after the day on which it receives the notice of constitutional question.
Refugee Appeal Division Rules — 26
Requirement to participate at conference 26 (1) The Division may require the parties to participate at a conference to discuss issues, relevant facts and any other matter in order to make the appeal fairer and more efficient. Information or documents (2) The Division may require the parties to give any information or provide any document, at or before the conference. Written record (3) The Division must make a written record of any decisions and agreements made at the conference.
Refugee Appeal Division Rules — 27
Documents prepared by party 27 (1) A document prepared for use by a party in a proceeding must be typewritten, in a type not smaller than 12 point, on one or both sides of 216 mm by 279 mm (8 ½ inches x 11 inches) paper. Photocopies (2) Any photocopy provided by a party must be a clear copy of the document photocopied and be on one or both sides of 216 mm by 279 mm (8 ½ inches x 11 inches) paper. List of documents (3) If more than one document is provided, the party must provide a list identifying each of the documents. Consecutively numbered pages (4) A party must consecutively number each page of all the documents provided as if they were one document.
Refugee Appeal Division Rules — 28
Language of documents — person 28 (1) All documents used by a person who is the subject of an appeal in an appeal must be in English or French or, if in another language, be provided together with an English or French translation and a declaration signed by the translator. Language of Minister’s documents (2) All documents used by the Minister in an appeal must be in the language of the appeal or be provided together with a translation in the language of the appeal and a declaration signed by the translator. Translator’s declaration (3) A translator’s declaration must include the translator’s name, the language and dialect, if any, translated and a statement that the translation is accurate.
Refugee Appeal Division Rules — 29
Documents or written submissions not previously provided — person 29 (1) A person who is the subject of an appeal who does not provide a document or written submissions with the appellant’s record, respondent’s record or reply record must not use the document or provide the written submissions in the appeal unless allowed to do so by the Division. Application (2) If a person who is the subject of an appeal wants to use a document or provide written submissions that were not previously provided, the person must make an application to the Division in accordance with rule 37. Documents — new evidence (3) The person who is the subject of the appeal must include in an application to use a document that was not previously provided an explanation of how the document meets the requirements of subsection 110(4) of the Act and how that evidence relates to the person, unless the document is being presented in response to evidence presented by the Minister. Factors (4) In deciding whether to allow an application, the Division must consider any relevant factors, including (a) the document’s relevance and probative value; (b) any new evidence the document brings to the appeal; and (c) whether the person who is the subject of the appeal, with reasonable effort, could have provided the document or written submissions with the appellant’s record, respondent’s record or reply record. Documents or written submissions not previously provided — Minister (5) If, at any time before the Division makes a decision, the Minister, in accordance with paragraph 171(a.5) of the Act, submits documentary evidence or written submissions in support of the Minister’s appeal or intervention that were not previously provided, the Minister must provide the documentary evidence or written submissions first to the person who is the subject of the appeal and then to the Division. Proof documents or written submissions provided (6) The additional documents or written submissions provided to the Division under subrule (5) must be accompanied by proof that they were provided to the person who is the subject of the appeal. Reply to Minister’s documents or written submissions (7) The person who is the subject of the appeal may reply to the additional documents or written submissions in accordance with rule 5 with any modifications that the circumstances require.
Refugee Appeal Division Rules — 30
General provision 30 Rules 31 to 35 apply to any document, including a notice or request in writing.
Refugee Appeal Division Rules — 31
Providing documents to Division 31 (1) A document to be provided to the Division must be provided to the Division’s registry office that is located in the same region as the Refugee Protection Division’s registry office through which the notice of decision under appeal was provided. Providing documents to Refugee Protection Division (2) A document to be provided to the Refugee Protection Division must be provided to the Refugee Protection Division’s registry office through which the notice of decision under appeal was provided. Providing documents to Minister (3) A document to be provided to the Minister must be provided to the Minister’s counsel. Providing documents to person other than Minister (4) A document to be provided to a person other than the Minister must be provided to the person’s counsel if the person has counsel of record. If the person does not have counsel of record, the document must be provided to the person.
Refugee Appeal Division Rules — 32
How to provide document 32 A document may be provided in any of the following ways: (a) by hand; (b) by regular mail or registered mail; (c) by courier; (d) by fax if the recipient has a fax number and the document is no more than 20 pages long, unless the recipient consents to receiving more than 20 pages; and (e) by email or other electronic means if the Division allows.
Refugee Appeal Division Rules — 33
Application if unable to provide document 33 (1) If a party is unable to provide a document in a way required by rule 32, the party may make an application to the Division to be allowed to provide the document in another way or to be excused from providing the document. Form of application (2) The application must be made in accordance with rule 37. Allowing application (3) The Division must not allow the application unless the party has made reasonable efforts to provide the document to the person to whom the document must be provided.
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Proof document was provided 34 (1) Proof that a document was provided must be established by (a) an acknowledgment of receipt signed by the recipient or a statement of service, if the document was provided by hand; (b) a confirmation of receipt if the document was provided by registered mail, courier, fax or email or other electronic means; or (c) a statement of service if the document was provided by regular mail. Statement of service (2) For the purpose of paragraph (1)(a) or (c), a statement of service consists of a written statement, signed by the person who provided the document, that includes the person’s name and a statement of how and when the document was provided. Statement – unable to provide proof (3) If a party is unable to provide proof that a document was provided in a way required by paragraph (1)(a) to (c), the party must provide a written statement, signed by the party, that includes an explanation of why they are unable to provide proof.
Refugee Appeal Division Rules — 35
When document received by division 35 (1) A document provided to the Division or to the Refugee Protection Division is considered to be received on the day on which the document is date-stamped by that division. When document received by recipient other than division (2) A document provided by regular mail other than to the Division or to the Refugee Protection Division is considered to be received seven days after the day on which it was mailed. If the seventh day is not a working day, the document is considered to be received on the next working day. Extension of time limit — next working day (3) When the time limit for providing a document ends on a day that is not a working day, the time limit is extended to the next working day.
Refugee Appeal Division Rules — 36
General provision 36 Unless these Rules provide otherwise, (a) a party who wants the Division to make a decision on any matter in a proceeding, including the procedure to be followed, must make an application to the Division in accordance with rule 37; (b) a party who wants to respond to the application must respond in accordance with rule 38; and (c) a party who wants to reply to a response must reply in accordance with rule 39.
Refugee Appeal Division Rules — 37
Form of application and time limit 37 (1) Unless these Rules provide otherwise, an application must be made in writing and without delay. Oral application (2) If a date for a hearing has been fixed, the Division must not allow a party to make an application orally at the hearing unless the party, with reasonable effort, could not have made a written application before that date. Content of application (3) Unless these Rules provide otherwise, in a written application, the party must (a) state the decision the party wants the Division to make; (b) give reasons why the Division should make that decision; and (c) if there is another party and the views of that party are known, state whether the other party agrees to the application. Affidavit or statutory declaration (4) Unless these Rules provide otherwise, any evidence that the party wants the Division to consider with a written application must be given in an affidavit or statutory declaration that accompanies the application. Providing application to other party and Division (5) A party who makes a written application must provide (a) to any other party, a copy of the application and a copy of any affidavit or statutory declaration; and (b) to the Division, the original application and the original of any affidavit or statutory declaration, together with proof that a copy was provided to any other party.
Refugee Appeal Division Rules — 38
Responding to written application 38 (1) A response to a written application must be in writing and (a) state the decision the party wants the Division to make; and (b) give reasons why the Division should make that decision. Evidence in written response (2) Any evidence that the party wants the Division to consider with the written response must be given in an affidavit or statutory declaration that accompanies the response. Unless the Division requires it, an affidavit or statutory declaration is not required if the party who made the application was not required to give evidence in an affidavit or statutory declaration, together with the application. Providing response (3) A party who responds to a written application must provide (a) to the other party, a copy of the response and a copy of any affidavit or statutory declaration; and (b) to the Division, the original response and the original of any affidavit or statutory declaration, together with proof that a copy was provided to the other party. Time limit (4) Documents provided under subrule (3) must be received by their recipients no later than seven days after the day on which the party receives the copy of the application.
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Replying to written response 39 (1) A reply to a written response must be in writing. Evidence in reply (2) Any evidence that the party wants the Division to consider with the written reply must be given in an affidavit or statutory declaration that accompanies the reply. Unless the Division requires it, an affidavit or statutory declaration is not required if the party was not required to give evidence in an affidavit or statutory declaration, together with the application. Providing reply (3) A party who replies to a written response must provide (a) to the other party, a copy of the reply and a copy of any affidavit or statutory declaration; and (b) to the Division, the original reply and the original of any affidavit or statutory declaration, together with proof that a copy was provided to the other party. Time limit (4) Documents provided under subrule (3) must be received by their recipients no later than five days after the day on which the party receives the copy of the response.
Refugee Appeal Division Rules — 40
Appeals automatically joined 40 The Division must join any appeals of decisions on claims that were joined at the time that the Refugee Protection Division decided the claims.
Refugee Appeal Division Rules — 41
Application to join 41 (1) A party may make an application to the Division to join appeals. Application to separate (2) A party may make an application to the Division to separate appeals that are joined. Form of application and providing application (3) A party who makes an application to join or separate appeals must do so in accordance with rule 37, but the party is not required to give evidence in an affidavit or statutory declaration. The party must also (a) provide a copy of the application to any person who will be affected by the Division’s decision on the application; and (b) provide to the Division proof that the party provided the copy of the application to any affected person. Time limit (4) Documents provided under this rule must be received by their recipients, (a) if the person who is the subject of the appeal is the applicant, at the same time as the Division receives the person’s notice of appeal, notice of intent to respond or reply record; or (b) if the Minister is the applicant, at the same time as the Division receives the Minister’s notice of appeal, notice of intervention or reply. Factors (5) In deciding the application, the Division must consider any relevant factors, including whether (a) the appeals involve similar questions of fact or law; (b) allowing the application would promote the efficient administration of the Division’s work; and (c) allowing the application would likely cause an injustice.
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ides a summary of the response under paragraph (13)(a), or excludes the applicant and their counsel from a hearing in respect of the application under subparagraph (13)(b)(i), the Division must provide a summary of the representations and evidence, if any, that is sufficient to enable the applicant to reply, while ensuring the confidentiality of the proceeding having regard to the factors set out in paragraph 166(b) of the Act. Notification of decision on application (15) The Division must notify the applicant and the parties of its decision on the application and provide reasons for the decision.
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Notice of order 43 (1) If the Chairperson of the Board orders a proceeding to be conducted by three Division members, the Division must without delay notify the parties — including the Minister even if the Minister has not yet intervened in the appeal — and the UNHCR in writing of the order. Providing documents to UNHCR (2) The Division must provide the UNHCR with a copy of the following documents at the same time that it provides notice of the order: (a) the Refugee Protection Division record; and (b) the notice of appeal, appellant’s record, notice of intent to respond, respondent’s record, reply record, Minister’s notice of intervention, Minister’s intervention record, if any, Minister’s reply, and Minister’s reply record, if any. UNHCR’s notice to Division (3) If the UNHCR receives notice of an order, the UNHCR may provide notice to the Division in accordance with subrule 45(1) of its intention to provide written submissions. Time limit (4) The Division may, without further notice to the parties and to the UNHCR, decide the appeal on the basis of the materials provided if a period of 15 days has passed since the day on which the Minister and the UNHCR receive notice of the order.
Refugee Appeal Division Rules — 44
Rules applicable to UNHCR and interested persons 44 These Rules, with the exception of rules 25 (notice of constitutional question) and 47 to 49 (withdrawal, reinstatement, reopening), apply to the UNHCR and interested persons with any modifications that the circumstances require.
Refugee Appeal Division Rules — 45
Notice to Division 45 (1) The UNHCR must notify the Division in writing of its intention to provide written submissions in an appeal conducted by a three-member panel, and include its contact information and that of its counsel, if any. Notice to person and Minister (2) The Division must without delay provide a copy of the UNHCR’s notice to the person who is the subject of the appeal and to the Minister. Providing written submissions to Division (3) The UNHCR’s written submissions must be received by the Division no later than 10 days after the day on which the UNHCR provided the notice. Limitation — written submissions (4) The UNHCR’s written submissions must not raise new issues. Length of written submissions (5) The UNHCR’s written submissions must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Providing written submissions (6) The Division must without delay provide a copy of the UNHCR’s written submissions to the person who is the subject of the appeal and to the Minister. Response (7) The person who is the subject of the appeal or the Minister may respond to the UNHCR’s submissions in writing. Limitation — response (8) A response must not raise new issues. Length of response (9) A response must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Providing response (10) The response must first be provided to the person who is the subject of the appeal or to the Minister, as the case may be, and then to the Division. Proof response provided (11) The response provided to the Division must be accompanied by proof that it was provided to the person who is the subject of the appeal or to the Minister, as the case may be. Time limit (12) Documents provided under subrules (10) and (11) must be received by their recipients no later than seven days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the UNHCR’s submissions.
Refugee Appeal Division Rules — 47
Abuse of process 47 (1) For the purpose of subsection 168(2) of the Act, withdrawal of an appeal is an abuse of process if withdrawal would likely have a negative effect on the Division’s integrity. If the requirements set out in rule 7 or 13, as the case may be, for deciding an appeal on the basis of the materials provided have not been met, withdrawal is not an abuse of process. Withdrawal on notice (2) If the requirements set out in rule 7 or 13, as the case may be, for deciding an appeal have not been met, an appellant may withdraw an appeal by notifying the Division in writing. Application to withdraw (3) If the requirements set out in rule 7 or 13, as the case may be, for deciding an appeal have been met, an appellant who wants to withdraw an appeal must make an application to the Division in accordance with rule 37.