Refugee Appeal Division Rules — 67
Application to change date or time 67 (1) A party may make an application to the Division to change the date or time fixed for a hearing. Form and content of application (2) The party must (a) make the application in accordance with rule 37, but is not required to give evidence in an affidavit or statutory declaration; and (b) give at least six dates and times, within the period specified by the Division, on which the party is available to start or continue the hearing. Notice of period specified by Division (3) The Division must provide notice of the period referred to in paragraph (2)(b) in a manner that will allow public access to it. Hearing two working days or less away (4) If the party wants to make an application two working days or less before the date fixed for the hearing, the party must make the application orally on the date fixed for the hearing. Factors (5) In deciding the application, the Division must consider any relevant factors, including (a) in the case of a date and time that was fixed after the Division consulted or tried to consult the party, any exceptional circumstances for allowing the application; (b) when the party made the application; (c) the time the party has had to prepare for the hearing; (d) the efforts made by the party to be ready to start or continue the hearing; (e) in the case of a party who requests more time to obtain information in support of their arguments, the Division’s ability to proceed in the absence of that information without causing an injustice; (f) whether the party has counsel; (g) the knowledge and experience of any counsel who represents the party; (h) any previous delays and the reasons for them; (i) whether the date and time fixed were peremptory; (j) whether the change is required to accommodate a vulnerable person; (k) whether allowing the application would unreasonably delay the hearing or likely cause an injustice; and (l) the nature and complexity of the matter to be heard. Subsequent application (6) 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. Application for medical reasons (7) If a person who is the subject of an appeal 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 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 (8) The medical certificate must set out (a) the particulars of the medical condition, without specifying the diagnosis, that prevent the person from participating in the hearing on the date fixed for the hearing; and (b) the date on which the person is expected to be able to participate in the hearing. Failure to provide medical certificate (9) If a person who is the subject of an appeal fails to provide a medical certificate in accordance with subrules (7) and (8), the person 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 hearing on the date fixed for the hearing. Duty to appear (10) Unless a party receives a decision from the Division allowing the application, the party must appear for the hearing at the date and time fixed and be ready to start or continue the hearing.