GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Refugee Appeal Division Rules — 3
Perfecting appeal 3 (1) To perfect an appeal, the person who is the subject of the appeal must provide to the Division two copies of the appellant’s record. Copy provided to Minister (2) The Division must provide a copy of the appellant’s record to the Minister without delay. Content of appellant’s record (3) The appellant’s record must contain the following documents, on consecutively numbered pages, in the following order: (a) the notice of decision and written reasons for the Refugee Protection Division’s decision that the appellant is appealing; (b) all or part of the transcript of the Refugee Protection Division hearing if the appellant wants to rely on the transcript in the appeal, together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate; (c) any documents that the Refugee Protection Division refused to accept as evidence, during or after the hearing, if the appellant wants to rely on the documents in the appeal; (d) a written statement indicating (i) whether the appellant is relying on any evidence referred to in subsection 110(4) of the Act, (ii) whether the appellant is requesting that a hearing be held under subsection 110(6) of the Act, and if they are requesting a hearing, whether they are making an application under rule 66 to change the location of the hearing, and (iii) the language and dialect, if any, to be interpreted, if the Division decides that a hearing is necessary and the appellant needs an interpreter; (e) any documentary evidence that the appellant wants to rely on in the appeal; (f) any law, case law or other legal authority that the appellant wants to rely on in the appeal; and (g) a memorandum that includes full and detailed submissions regarding (i) the errors that are the grounds of the appeal, (ii) where the errors are located in the written reasons for the Refugee Protection Division’s decision that the appellant is appealing or in the transcript or in any audio or other electronic recording of the Refugee Protection Division hearing, (iii) how any documentary evidence referred to in paragraph (e) meets the requirements of subsection 110(4) of the Act and how that evidence relates to the appellant, (iv) the decision the appellant wants the Division to make, and (v) why the Division should hold a hearing under subsection 110(6) of the Act if the appellant is requesting that a hearing be held. Length of memorandum (4) The memorandum referred to in paragraph (3)(g) must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Time limit (5) The appellant’s record provided under this rule must be received by the Division within the time limit for perfecting an appeal set out in the Regulations.
Refugee Appeal Division Rules — 4
Notice of intervention 4 (1) To intervene in an appeal at any time before the Division makes a decision, the Minister must provide, first to the appellant and then to the Division, a written notice of intervention, together with any documentary evidence that the Minister wants to rely on in the appeal. Content of notice of intervention (2) In the notice of intervention, the Minister must indicate (a) counsel’s contact information; (b) the identification number given by the Department of Citizenship and Immigration to the appellant; (c) the appellant’s name, the Refugee Protection Division file number, the date of the notice of decision relating to the decision being appealed and the date that the Minister received the written reasons for the decision; (d) whether the Minister is relying on any documentary evidence referred to in subsection 110(3) of the Act and the relevance of that evidence; and (e) whether the Minister is requesting that a hearing be held under subsection 110(6) of the Act, and if the Minister is requesting a hearing, why the Division should hold a hearing and whether the Minister is making an application under rule 66 to change the location of the hearing. Minister’s intervention record (3) In addition to the documents referred to in subrule (1), the Minister may provide, first to the appellant and then to the Division, the Minister’s intervention record containing the following documents, on consecutively numbered pages, in the following order: (a) all or part of the transcript of the Refugee Protection Division hearing if the Minister wants to rely on the transcript in the appeal and the transcript was not provided with the appellant’s record, together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate; (b) any law, case law or other legal authority that the Minister wants to rely on in the appeal; and (c) a memorandum that includes full and detailed submissions regarding (i) the grounds on which the Minister is contesting the appeal, and (ii) the decision the Minister wants the Division to make. Length of memorandum (4) The memorandum referred to in paragraph (3)(c) must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Proof documents were provided (5) The documents provided to the Division under this rule must be accompanied by proof that they were provided to the appellant.
Refugee Appeal Division Rules — 5
Reply to Minister’s intervention 5 (1) To reply to a Minister’s intervention, the appellant must provide, first to the Minister and then to the Division, a reply record. Content of reply record (2) The reply record must contain the following documents, on consecutively numbered pages, in the following order: (a) all or part of the transcript of the Refugee Protection Division hearing if the appellant wants to rely on the transcript to support the reply and the transcript was not provided with the appellant’s record or by the Minister, together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate; (b) any documentary evidence that the appellant wants to rely on to support the reply and that was not provided with the appellant’s record or by the Minister; (c) any law, case law or other legal authority that the appellant wants to rely on to support the reply and that was not provided with the appellant’s record or by the Minister; and (d) a memorandum that includes full and detailed submissions regarding (i) only the grounds raised by the Minister, (ii) how any documentary evidence referred to in paragraph (b) meets the requirements of subsection 110(4) or (5) of the Act and how that evidence relates to the appellant, and (iii) why the Division should hold a hearing under subsection 110(6) of the Act if the appellant is requesting that a hearing be held and they did not include such a request in the appellant’s record, and if the appellant is requesting a hearing, whether they are making an application under rule 66 to change the location of the hearing. Length of memorandum (3) The memorandum referred to in paragraph (2)(d) must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Proof document was provided (4) The reply record provided to the Division must be accompanied by proof that it was provided to the Minister. Time limit (5) Documents provided under this rule must be received by the Division no later than 15 days after the day on which the appellant receives the Minister’s notice of intervention, the Minister’s intervention record, or any additional documents provided by the Minister, as the case may be.
Refugee Appeal Division Rules — 6
Application for extension of time to file or perfect 6 (1) A person who is the subject of an appeal who makes an application to the Division for an extension of the time to file or to perfect an appeal under the Regulations must do so in accordance with rule 37, except that the person must provide to the Division the original and a copy of the application. Copy provided to Minister (2) The Division must provide a copy of an application under subrule (1) to the Minister without delay. Content of application (3) The person who is the subject of the appeal must include in an application under subrule (1) (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; and (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. Accompanying documents — filing (4) An application for an extension of the time to file an appeal under subrule (1) must be accompanied by three copies of a written notice of appeal. Accompanying documents — perfecting (5) An application for an extension of the time to perfect an appeal under subrule (1) must be accompanied by two copies of the appellant’s record. Application for extension of time to reply (6) A person who is the subject of an appeal may make an application to the Division for an extension of the time to reply to a Minister’s intervention in accordance with rule 37. Factors — reply (7) In deciding an application under subrule (6), the Division must consider any relevant factors, including (a) whether the application was made in a timely manner and the justification for any delay; (b) whether there is an arguable case; (c) prejudice to the Minister, if the application was granted; and (d) the nature and complexity of the appeal. Notification of decision on application (8) The Division must without delay notify, in writing, both the person who is the subject of the appeal and the Minister of its decision with respect to an application under subrule (1) or (6).
Refugee Appeal Division Rules — 7
Decision without further notice 7 Unless a hearing is held under subsection 110(6) of the Act, the Division may, without further notice to the appellant and to the Minister, decide an appeal on the basis of the materials provided (a) if a period of 15 days has passed since the day on which the Minister received the appellant’s record, or the time limit for perfecting the appeal set out in the Regulations has expired; or (b) if the reply record has been provided, or the time limit for providing it has expired.
Refugee Appeal Division Rules — 8
Filing appeal 8 (1) To file an appeal in accordance with subsection 110(1.1) of the Act, the Minister must provide, first to the person who is the subject of the appeal, a written notice of appeal, and then to the Division, two copies of the written notice of appeal. Content of notice of appeal (2) In the notice of appeal, the Minister must indicate (a) counsel’s contact information; (b) the name of the person who is the subject of the appeal and the identification number given by the Department of Citizenship and Immigration to them; and (c) the Refugee Protection Division file number, the date of the notice of decision relating to the decision being appealed and the date that the Minister received the written reasons for the decision. Proof document was provided (3) The notice of appeal provided to the Division must be accompanied by proof that it was provided to the person who is the subject of the appeal. 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.
Refugee Appeal Division Rules — 9
Perfecting appeal 9 (1) To perfect an appeal in accordance with subsection 110(1.1) of the Act, the Minister must provide, first to the person who is the subject of the appeal and then to the Division, any supporting documents that the Minister wants to rely on in the appeal. Content of appellant’s record (2) In addition to the documents referred to in subrule (1), the Minister may provide, first to the person who is the subject of the appeal and then to the Division, the appellant’s record containing the following documents, on consecutively numbered pages, in the following order: (a) the notice of decision and written reasons for the Refugee Protection Division’s decision that the Minister is appealing; (b) all or part of the transcript of the Refugee Protection Division hearing if the Minister wants to rely on the transcript in the appeal, together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate; (c) any documents that the Refugee Protection Division refused to accept as evidence, during or after the hearing, if the Minister wants to rely on the documents in the appeal; (d) a written statement indicating (i) whether the Minister is relying on any documentary evidence referred to in subsection 110(3) of the Act and the relevance of that evidence, and (ii) whether the Minister is requesting that a hearing be held under subsection 110(6) of the Act, and if the Minister is requesting a hearing, why the Division should hold a hearing and whether the Minister is making an application under rule 66 to change the location of the hearing; (e) any law, case law or other legal authority that the Minister wants to rely on in the appeal; and (f) a memorandum that includes full and detailed submissions regarding (i) the errors that are the grounds of the appeal, (ii) where the errors are located in the written reasons for the Refugee Protection Division’s decision that the Minister is appealing or in the transcript or in any audio or other electronic recording of the Refugee Protection Division hearing, and (iii) the decision the Minister wants the Division to make. Length of memorandum (3) The memorandum referred to in paragraph (2)(f) must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Proof documents were provided (4) Any supporting documents and the appellant’s record, if any, provided to the Division must be accompanied by proof that they were provided to the person who is the subject of the appeal. Time limit (5) Documents provided under this rule must be received by the Division within the time limit for perfecting an appeal set out in the Regulations.
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Minister’s reply 11 (1) To reply to a response by the respondent, the Minister must provide, first to the respondent and then to the Division, any documentary evidence that the Minister wants to rely on to support the reply and that was not provided at the time that the appeal was perfected or with the respondent’s record. Reply record (2) In addition to the documents referred to in subrule (1), the Minister may provide, first to the respondent and then to the Division, a reply record containing the following documents, on consecutively numbered pages, in the following order: (a) all or part of the transcript of the Refugee Protection Division hearing if the Minister wants to rely on the transcript to support the reply and the transcript was not provided with the appellant’s record, if any, or the respondent’s record, together with a declaration, signed by the transcriber, that includes the transcriber’s name and a statement that the transcript is accurate; (b) any law, case law or other legal authority that the Minister wants to rely on to support the reply and that was not provided with the appellant’s record, if any, or the respondent’s record; and (c) a memorandum that includes full and detailed submissions regarding (i) only the grounds raised by the respondent, and (ii) why the Division should hold a hearing under subsection 110(6) of the Act if the Minister is requesting that a hearing be held and the Minister did not include such a request in the appellant’s record, if any, and if the Minister is requesting a hearing, whether the Minister is making an application under rule 66 to change the location of the hearing. Length of memorandum (3) The memorandum referred to in paragraph (2)(c) must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Proof documents were provided (4) Any documentary evidence and the reply record, if any, provided to the Division under this rule must be accompanied by proof that they were provided to the respondent.
Refugee Appeal Division Rules — 12
Application for extension of time — Minister 12 (1) If the Minister makes an application to the Division for an extension of the time to file or to perfect an appeal under the Regulations, the Minister must do so in accordance with rule 37. Accompanying documents — filing (2) An application for an extension of the time to file an appeal under subrule (1) must be accompanied by two copies of a written notice of appeal. Accompanying documents — perfecting (3) An application for an extension of the time to perfect an appeal under subrule (1) must be accompanied by any supporting documents, and an appellant’s record, if any. Application for extension of time — person (4) A person who is the subject of an appeal may make an application to the Division for an extension of the time to respond to an appeal in accordance with rule 37. Content of application for extension of time to respond to appeal (5) The person who is the subject of the appeal must include in an application under subrule (4) (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; and (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. Factors — respond (6) In deciding an application under subrule (4), the Division must consider any relevant factors, including (a) whether the application was made in a timely manner and the justification for any delay; (b) whether there is an arguable case; (c) prejudice to the Minister, if the application was granted; and (d) the nature and complexity of the appeal. Notification of decision on application (7) The Division must without delay notify, in writing, both the person who is the subject of the appeal and the Minister of its decision with respect to an application under subrule (1) or (4).
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Decision without further notice 13 Unless a hearing is held under subsection 110(6) of the Act, the Division may, without further notice to the parties, decide an appeal on the basis of the materials provided (a) if a period of 15 days has passed since the day on which the Minister received the respondent’s record, or the time limit for providing it set out in subrule 10(6) has expired; or (b) if the Minister’s reply has been provided.
Refugee Appeal Division Rules — 14
Communicating with Division 14 All communication with the Division must be directed to the registry office specified by the Division.
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Change to contact information 15 If the contact information of a person who is the subject of an appeal changes, the person must without delay provide the changes in writing to the Division and to the Minister.
Refugee Appeal Division Rules — 16
Retaining counsel after providing notice 16 (1) If a person who is the subject of an appeal retains counsel after providing a notice of appeal or a notice of intent to respond, as the case may be, the person must without delay provide the counsel’s contact information in writing to the Division and to the Minister. Change to counsel’s contact information — person (2) If the contact information of counsel for a person who is the subject of an appeal changes, the person must without delay provide the changes in writing to the Division and to the Minister. Change to counsel’s contact information — Minister (3) If the contact information of counsel for the Minister changes, the Minister must without delay provide the changes in writing to the Division and to the person who is the subject of the appeal.
Refugee Appeal Division Rules — 17
Declaration — counsel not representing or advising for consideration 17 If a person who is the subject of an appeal retains counsel who is not a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, both the person who is the subject of the appeal and their counsel must without delay provide the information and declarations set out in the schedule to the Division in writing.
Refugee Appeal Division Rules — 18
Becoming counsel of record 18 (1) Subject to subrule (2), as soon as counsel for a person who is the subject of an appeal provides on behalf of the person a notice of appeal or a notice of intent to respond, as the case may be, or as soon as a person becomes counsel after the person provided a notice, the counsel becomes counsel of record for the person. Limitation on counsel’s retainer (2) If a person who is the subject of an appeal has notified the Division of a limitation on their counsel’s retainer, counsel is counsel of record only to the extent of the services to be provided within the limited retainer. Counsel ceases to be counsel of record as soon as those services are completed.
Refugee Appeal Division Rules — 19
Request to be removed as counsel of record 19 (1) To be removed as counsel of record, counsel for a person who is the subject of an appeal must first provide to the person and to the Minister a copy of a written request to be removed and then provide the written request to the Division. Proof request was provided (2) The request provided to the Division must be accompanied by proof that copies were provided to the person represented and to the Minister. Request — if date for proceeding fixed (3) If a date for a proceeding has been fixed and three working days or less remain before that date, counsel must make the request orally at the proceeding. Division’s permission required (4) Counsel remains counsel of record unless the request to be removed is granted.
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Removing counsel of record 20 (1) To remove counsel as counsel of record, a person who is the subject of an appeal must first provide to counsel and to the Minister a copy of a written notice that counsel is no longer counsel for the person and then provide the written notice to the Division. Proof notice was provided (2) The notice provided to the Division must be accompanied by proof that copies were provided to counsel and to the Minister. Ceasing to be counsel of record (3) Counsel ceases to be counsel of record when the Division receives the notice.
Refugee Appeal Division Rules — 21
Providing notice of appeal 21 (1) The Division must without delay provide a copy of the notice of appeal to the Refugee Protection Division after the appeal is perfected under rule 3 or 9, as the case may be. Preparing and providing record (2) The Refugee Protection Division must prepare a record and provide it to the Division no later than 10 days after the day on which the Refugee Protection Division receives the notice of appeal. Content of record (3) The Refugee Protection Division record must contain (a) the notice of decision and written reasons for the decision that is being appealed; (b) the Basis of Claim Form as defined in the Refugee Protection Division Rules and any changes or additions to it; (c) all documentary evidence that the Refugee Protection Division accepted as evidence, during or after the hearing; (d) any written representations made during or after the hearing but before the decision being appealed was made; and (e) any audio or other electronic recording of the hearing. Providing record to absent Minister (4) If the Minister did not take part in the proceedings relating to the decision being appealed, the Division must provide a copy of the Refugee Protection Division record to the Minister as soon as the Division receives it.