Contents
- The Chairperson of the Immigration and Refugee Board, purs…
- Interpretation
- Communicating with the Division
- Information and Documents to Be Provided
- Counsel of Record
- Language of Proceedings
- Interpreters
- Designated Representatives
- Disclosure of Personal Information
- Specialized Knowledge
- Allowing a Claim Without a Hearing
- Conferences
- Notice to Appear
- Exclusion, Integrity Issues, Inadmissibility and Ineligibility
- Intervention by the Minister
- Claimant or Protected Person in Custody
- Documents
- Witnesses
- Applications
- Changing the Location of a Proceeding
- Changing the Date or Time of a Proceeding
- Joining or Separating Claims or Applications
- Proceedings Conducted in Public
- Observers
- Withdrawal
- Reinstating a Withdrawn Claim or Application
- Reopening a Claim or Application
- Applications to Vacate or to Cease Refugee Protection
- Abandonment
- Notice of Constitutional Question
- Decisions
- General Provisions
- Repeals
- Coming into Force
- Schedule 1 (Rule 1)
- Schedule 2 (Paragraph 3(5)(d))
- Schedule 3 (Rules 5 and 13)
The Chairperson of the Immigration and Refugee Board, pursuant to subsection 161(1) of the Immigration and Refugee Protection Act, and subject to the approval of the Governor in Council, in consultation with the Deputy Chairpersons and the Director General of the Immigration Division, makes the annexed Refugee Protection Division Rules.Ottawa, October 26, 2012His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 161(1) of the Immigration and Refugee Protection Act, approves the annexed Refugee Protection Division Rules, made by the Chairperson of the Immigration and Refugee Board, in consultation with the Deputy Chairpersons and the Director General of the Immigration Division.note
Interpretation
1Definitions#
The following definitions apply in these Rules.
Act means the Immigration and Refugee Protection Act. (Loi)
Basis of Claim Form means the form in which a claimant gives the information referred to in Schedule 1. (Formulaire de fondement de la demande d’asile)
contact information means, with respect to a person,
(a)the person’s name, postal address and telephone number, and their fax number and email address, if any; and
(b)in the case of counsel for a claimant or protected person, if the counsel is a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, in addition to the information referred to in paragraph (a), the name of the body of which the counsel is a member and the membership identification number issued to the counsel. (coordonnées)
party means,
(a)in the case of a claim for refugee protection, the claimant and, if the Minister intervenes in the claim, the Minister; and
(b)in the case of an application to vacate or to cease refugee protection, the protected person and the Minister. (partie)
proceeding includes a conference, an application or a hearing. (procédure)
registry office means a business office of the Division. (greffe)
Regulations means the Immigration and Refugee Protection Regulations. (Règlement)
vulnerable person means a person who has been identified as vulnerable under the Guideline on Procedures with Respect to Vulnerable Persons Appearing Before the IRB issued under paragraph 159(1)(h) of the Act. (personne vulnérable)
working day does not include Saturdays, Sundays or other days on which the Board offices are closed. (jour ouvrable)
Communicating with the Division
2Communicating with Division#
All communication with the Division must be directed to the registry office specified by the Division.
Information and Documents to Be Provided
Claims for Refugee Protection
3Fixing date, time and location of hearing#
(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.
(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.
(3)In fixing the date, time and location for the hearing, the officer must consider
(a)the claimant’s preference of location; and
(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.
(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.
4Claimant’s contact information#
(1)The claimant must provide their contact information in writing to the Division and to the Minister.
(2)The claimant’s contact information must be received by the Division and the Minister no later than 10 days after the day on which the claimant receives the information provided by the officer under subrule 3(4).
(3)If the claimant’s contact information changes, the claimant must without delay provide the changes in writing to the Division and to the Minister.
(4)A claimant who is represented by counsel must without delay, on retaining counsel, provide the counsel’s contact information in writing to the Division and to the Minister and notify them of any limitations on the counsel’s retainer. If that information changes, the claimant must without delay provide the changes in writing to the Division and to the Minister.
Basis of Claim Form
6Claimant’s declarations#
(1)The claimant must complete a Basis of Claim Form and sign and date the declaration set out in the form stating that
(a)the information given by the claimant is complete, true and correct; and
(b)the claimant understands that the declaration is of the same force and effect as if made under oath.
(2)If the claimant completes the Basis of Claim Form without an interpreter’s assistance, the claimant must sign and date the declaration set out in the form stating that they can read the language of the form and understand what information is requested.
(3)If the claimant completes the Basis of Claim Form with an interpreter’s assistance, the interpreter must sign and date the declaration in the form stating that
(a)they are proficient in the language and dialect, if any, used, and were able to communicate effectively with the claimant;
(b)the completed Basis of Claim Form and all attached documents were interpreted to the claimant; and
(c)the claimant indicated that the claimant understood what was interpreted.
7Providing Basis of Claim Form — inland claim#
(1)A claimant referred to in subsection 99(3.1) of the Act must provide the original and a copy of the completed Basis of Claim Form to the officer referred to in rule 3.
(2)A claimant other than a claimant referred to in subsection 99(3.1) of the Act must provide the original and a copy of the completed Basis of Claim Form to the Division.
(3)The claimant must attach to the original and to the copy of the completed Basis of Claim Form a copy of their identity and travel documents, genuine or not, and a copy of any other relevant documents in their possession. The claimant does not have to attach a copy of a document that has been seized by an officer or provided to the Division by an officer.
(4)If the claimant obtains an identity or travel document after the Division has received the completed Basis of Claim Form, they must provide two copies of the document to the Division without delay.
(5)The Basis of Claim Form provided under subrule (2) must be
(a)received by the Division within the time limit set out in the Regulations, and
(6)A claimant who provides the Basis of Claim Form by fax must provide the original to the Division at the beginning of the hearing.
8Application for extension of time#
(1)A claimant who makes an application for an extension of time to provide the completed Basis of Claim Form must make the application in accordance with rule 50, but the claimant is not required to give evidence in an affidavit or statutory declaration.
(2)The application must be received by the Division no later than three working days before the expiry of the time limit set out in the Regulations.
(3)If a claimant 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 who has provided a copy of the certificate to the Division must provide the original document to the Division without delay.
(4)The medical certificate must set out the particulars of the medical condition, without specifying the diagnosis, that prevent the claimant from providing the completed Basis of Claim Form in the time limit referred to in paragraph 7(5)(a).
(5)If a claimant fails to provide a medical certificate in accordance with subrules (3) and (4), the claimant 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 providing the completed Basis of Claim Form in the time limit referred to in paragraph 7(5)(a).
(6)If an extension of time is granted, the claimant must provide the original and a copy of the completed Basis of Claim Form to the Division in accordance with subrules 7(2) and (3), no later than on the date indicated by the Division and by a means set out in paragraph 7(5)(b).
9Changes or additions to Basis of Claim Form#
(1)To make changes or add any information to the Basis of Claim Form, the claimant must
(a)provide to the Division the original and a copy of each page of the form to which changes or additions have been made;
(b)sign and date each new page and underline the changes or additions made; and
(c)sign and date a declaration stating that
(i)the information given by the claimant in the Basis of Claim Form, together with the changes and additions, is complete, true and correct, and
(ii)the claimant understands that the declaration is of the same force and effect as if made under oath.
(2)The documents referred to in subrule (1) must be provided to the Division without delay and must be received by it no later than 10 days before the date fixed for the hearing.
Conduct of a Hearing
10Standard order of questioning#
(4)In a hearing into an application to vacate or to cease refugee protection, any witness, including the protected person, is to be questioned first by the Minister’s counsel, then by the Division and then by the protected person’s counsel.
(5)The Division must not vary the order of questioning unless there are exceptional circumstances, including that the variation is required to accommodate a vulnerable person.
(6)The Division may limit the questioning of witnesses, including a claimant or a protected person, taking into account the nature and complexity of the issues and the relevance of the questions.
(7)Representations must be made orally at the end of a hearing unless the Division orders otherwise.
(8)A Division member must render an oral decision and reasons for the decision at the hearing unless it is not practicable to do so.
Documents Establishing Identity and Other Elements of the Claim
Application to Vacate or to Cease Refugee Protection
12Contact information#
If an application to vacate or to cease refugee protection is made, the protected person must without delay notify the Division and the Minister in writing of
(a)any change in their contact information; and
(b)their counsel’s contact information and any limitations on the counsel’s retainer, if represented by counsel, and any changes to that information.
Counsel of Record
14Becoming counsel of record#
(1)Subject to subrule (2), as soon as counsel for a claimant or protected person agrees to a date for a proceeding, or as soon as a person becomes counsel after a date for a proceeding has been fixed, the counsel becomes counsel of record for the claimant or protected person.
(2)If a claimant or protected person 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.
15Request to be removed as counsel of record#
(1)To be removed as counsel of record, counsel for a claimant or protected person must first provide to the person represented and to the Minister, if the Minister is a party, a copy of a written request to be removed and then provide the written request to the Division, no later than three working days before the date fixed for the next proceeding.
(2)If it is not possible for counsel to make the request in accordance with subrule (1), counsel must appear on the date fixed for the proceeding and make the request to be removed orally before the time fixed for the proceeding.
(3)Counsel remains counsel of record unless the request to be removed is granted.
16Removing counsel of record#
(1)To remove counsel as counsel of record, a claimant or protected person must first provide to counsel and to the Minister, if the Minister is a party, a copy of a written notice that counsel is no longer counsel for the claimant or protected person, as the case may be, and then provide the written notice to the Division.
(2)Counsel ceases to be counsel of record as soon as the Division receives the notice.
Language of Proceedings
17Choice of language — claim for refugee protection#
(1)A claimant must choose English or French as the language of the proceedings at the time of the referral of their claim for refugee protection to the Division.
(2)A claimant may change the language of the proceedings that they chose under subrule (1) by notifying the Division and the Minister in writing. The notice must be received by the Division and the Minister no later than 10 days before the date fixed for the next proceeding.
18Choice of language — application to vacate or cease refugee protection#
(1)The language that is chosen under rule 17 is to be the language of the proceedings in any application made by the Minister to vacate or to cease refugee protection with respect to that claim.
(2)A protected person may change the language of the proceedings by notifying the Division and the Minister in writing. The notice must be received by the Division and the Minister no later than 10 days before the date fixed for the next proceeding.
Interpreters
19Need for interpreter — claimant#
(2)A claimant may change the language and dialect, if any, that they specified under subrule (1), or if they had not indicated that an interpreter was needed, they may indicate that they need an interpreter, by notifying the Division in writing and indicating the language and dialect, if any, to be interpreted. The notice must be received by the Division no later than 10 days before the date fixed for the next proceeding.
(3)If a protected person needs an interpreter for the proceedings, the protected person must notify the Division in writing and specify the language and dialect, if any, to be interpreted. The notice must be received by the Division no later than 10 days before the date fixed for the next proceeding.
(4)If any party’s witness needs an interpreter for the proceedings, the party must notify the Division in writing and specify the language and dialect, if any, to be interpreted. The notice must be received by the Division no later than 10 days before the date fixed for the next proceeding.
(5)The interpreter must take an oath or make a solemn affirmation to interpret accurately.
Designated Representatives
20Duty of counsel or officer to notify#
(1)If counsel for a party or if an officer believes that the Division should designate a representative for the claimant or protected person because the claimant or protected person is under 18 years of age or is unable to appreciate the nature of the proceedings, counsel or the officer must without delay notify the Division in writing.
(2)Subrule (1) does not apply in the case of a claimant under 18 years of age whose claim is joined with the claim of their parent or legal guardian if the parent or legal guardian is 18 years of age or older.
(3)The notice must include the following information:
(a)whether counsel or the officer is aware of a person in Canada who meets the requirements to be designated as a representative and, if so, the person’s contact information;
(b)a copy of any available supporting documents; and
(c)the reasons why counsel or the officer believes that a representative should be designated.
(4)To be designated as a representative, a person must
(a)be 18 years of age or older;
(b)understand the nature of the proceedings;
(c)be willing and able to act in the best interests of the claimant or protected person; and
(d)not have interests that conflict with those of the claimant or protected person.
(5)When determining whether a claimant or protected person is unable to appreciate the nature of the proceedings, the Division must consider any relevant factors, including
(a)whether the person can understand the reason for the proceeding and can instruct counsel;
(b)the person’s statements and behaviour at the proceeding;
(c)expert evidence, if any, on the person’s intellectual or physical faculties, age or mental condition; and
(d)whether the person has had a representative designated for a proceeding in another division of the Board.
(7)The designation of a representative for a person who is under 18 years of age ends when the person reaches 18 years of age unless that representative has also been designated because the person is unable to appreciate the nature of the proceedings.
(9)Before designating a person as a representative, the Division must
(a)assess the person’s ability to fulfil the responsibilities of a designated representative; and
(b)ensure that the person has been informed of the responsibilities of a designated representative.
(10)The responsibilities of a designated representative include
(a)deciding whether to retain counsel and, if counsel is retained, instructing counsel or assisting the represented person in instructing counsel;
(b)making decisions regarding the claim or application or assisting the represented person in making those decisions;
(c)informing the represented person about the various stages 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;
(f)informing and consulting the represented person to the extent possible when making decisions about the case; and
(g)filing and perfecting an appeal to the Refugee Appeal Division, if required.
Disclosure of Personal Information
21Disclosure of information from another claim#
(1)Subject to subrule (5), the Division may disclose to a claimant personal and other information that it wants to use from any other claim if the claims involve similar questions of fact or if the information is otherwise relevant to the determination of their claim.
(2)If the personal or other information of another claimant has not been made public, the Division must make reasonable efforts to notify the other claimant in writing that
(a)it intends to disclose the information to a claimant; and
(b)the other claimant may object to that disclosure.
(3)In order to decide whether to object to the disclosure, the other claimant may make a written request to the Division for personal and other information relating to the claimant. Subject to subrule (5), the Division may disclose only information that is necessary to permit the other claimant to make an informed decision.
(4)If the personal or other information of the claimant has not been made public, the Division must make reasonable efforts to notify the claimant in writing that
(a)it intends to disclose the information to the other claimant; and
(b)the claimant may object to that disclosure.
(5)The Division must not disclose personal or other information unless it is satisfied that
(a)there is not a serious possibility that disclosing the information will endanger the life, liberty or security of any person; or
(b)disclosing the information is not likely to cause an injustice.
(6)Personal or other information from a joined claim is not subject to this rule. If claims were once joined but were later separated, only personal or other information that was provided before the separation is not subject to this rule.
Specialized Knowledge
22Notice to parties#
Before using any information or opinion that is within its specialized knowledge, the Division must notify the claimant or protected person and, if the Minister is present at the hearing, the Minister, and give them an opportunity to
(a)make representations on the reliability and use of the information or opinion; and
(b)provide evidence in support of their representations.
Allowing a Claim Without a Hearing
23Claim allowed without hearing#
For the purpose of paragraph 170(f) of the Act, the period during which the Minister must notify the Division of the Minister’s intention to intervene is no later than 10 days after the day on which the Minister receives the Basis of Claim Form.
Conferences
24Requirement to participate at conference#
(1)The Division may require the parties to participate at a conference to fix a date for a proceeding or to discuss issues, relevant facts and any other matter to make the proceedings fairer and more efficient.
(2)The Division may require the parties to give any information or provide any document, at or before the conference.
(3)The Division must make a written record of any decisions and agreements made at the conference.
Notice to Appear
25Notice to appear#
(1)The Division must notify the claimant or protected person and the Minister in writing of the date, time and location of the proceeding.
(2)In the case of a hearing on a refugee claim, the notice may be provided by an officer under paragraph 3(4)(a).
(3)The date fixed for a hearing of a claim or an application to vacate or to cease refugee protection must not be earlier than 20 days after the day on which the parties receive the notice referred to in subrule (1) or (2) unless
(a)the hearing has been adjourned or postponed from an earlier date; or
(b)the parties consent to an earlier date.
Exclusion, Integrity Issues, Inadmissibility and Ineligibility
26Notice to Minister of possible exclusion before hearing#
(2)If the Division believes, after a hearing begins, that there is a possibility that section E or F of Article 1 of the Refugee Convention applies to the claim and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must adjourn the hearing and without delay notify the Minister in writing and provide any relevant information to the Minister.
(4)The Division must fix a date for the resumption of the hearing that is as soon as practicable,
(a)if the Minister responds to the notice referred to in subrule (2), after receipt of the response from the Minister; or
(b)if the Minister does not respond to that notice, no earlier than 14 days after receipt of the notice by the Minister.
27Notice to Minister of possible integrity issues before hearing#
(1)If the Division believes, before a hearing begins, that there is a possibility that issues relating to the integrity of the Canadian refugee protection system may arise from the claim and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must without delay notify the Minister in writing and provide any relevant information to the Minister.
(2)If the Division believes, after a hearing begins, that there is a possibility that issues relating to the integrity of the Canadian refugee protection system may arise from the claim and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must adjourn the hearing and without delay notify the Minister in writing and provide any relevant information to the Minister.
(3)For the purpose of this rule, claims in which the possibility that issues relating to the integrity of the Canadian refugee protection system may arise include those in which there is
(a)information that the claim may have been made under a false identity in whole or in part;
(b)a substantial change to the basis of the claim from that indicated in the Basis of Claim Form first provided to the Division;
(c)information that, in support of the claim, the claimant submitted documents that may be fraudulent; or
(d)other information that the claimant may be directly or indirectly misrepresenting or withholding material facts relating to a relevant matter.
(5)The Division must fix a date for the resumption of the hearing that is as soon as practicable,
(a)if the Minister responds to the notice referred to in subrule (2), after receipt of the response from the Minister; or
(b)if the Minister does not respond to that notice, no earlier than 14 days after receipt of the notice by the Minister.
28Notice of possible inadmissibility or ineligibility#
(1)The Division must without delay notify the Minister in writing and provide the Minister with any relevant information if the Division believes that
(a)a claimant may be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality;
(b)there is an outstanding charge against the claimant for an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years; or
(c)the claimant’s claim may be ineligible to be referred under section 101 or paragraph 104(1)(c) or (d) of the Act.
(3)If, within 20 days after receipt of the notice referred to in subrule (1), the Minister does not notify the Division that the proceedings are suspended under paragraph 103(1)(a) or (b) of the Act or that the pending proceedings respecting the claim are terminated under section 104 of the Act, the Division may continue with the proceedings.
Intervention by the Minister
29Notice of intention to intervene#
(1)To intervene in a claim, the Minister must provide
(a)to the claimant, a copy of a notice of the Minister’s intention to intervene; and
(b)to the Division, the original of the notice, together with a written statement indicating how and when a copy was provided to the claimant.
(2)In the notice, the Minister must state
(a)the purpose for which the Minister will intervene;
(b)whether the Minister will intervene in writing only, in person, or both; and
(c)the Minister’s counsel’s contact information.
(3)If the Minister believes that section E or F of Article 1 of the Refugee Convention may apply to the claim, the Minister must also state in the notice the facts and law on which the Minister relies.
(4)Documents provided under this rule must be received by their recipients no later than 10 days before the date fixed for a hearing.
Claimant or Protected Person in Custody
30Custody#
The Division may order a person who holds a claimant or protected person in custody to bring the claimant or protected person to a proceeding at a location specified by the Division.
Documents
Form and Language of Documents
31Documents prepared by party#
(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.
(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.
(3)If more than one document is provided, the party must provide a list identifying each of the documents.
(4)A party must consecutively number each page of all the documents provided as if they were one document.
32Language of documents — claimant or protected person#
(1)All documents used by a claimant or protected person in a proceeding 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.
(2)All documents used by the Minister in a proceeding must be in the language of the proceeding or be provided together with a translation in the language of the proceeding and a declaration signed by the translator.
(3)A translator’s declaration must include translator’s name, the language and dialect, if any, translated and a statement that the translation is accurate.
Disclosure and Use of Documents
33Disclosure of documents by Division#
(2)The Division may disclose country documentation by providing to the parties a list of those documents or providing information as to where a list of those documents can be found on the Board’s website.
35Documents relevant and not duplicate#
Each document provided by a party for use at a proceeding must
(a)be relevant to the particular proceeding; and
36Use of undisclosed documents#
A party who does not provide a document in accordance with rule 34 must not use the document at the hearing unless allowed to do so by the Division. In deciding whether to allow its use, 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 hearing; and
(c)whether the party, with reasonable effort, could have provided the document as required by rule 34.
Providing a Document
38Providing documents to Division#
(1)A document to be provided to the Division must be provided to the registry office specified by the Division.
(2)A document to be provided to the Minister must be provided to the Minister’s counsel.
(3)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.
39How to provide document#
Unless these Rules provide otherwise, 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.
40Application if unable to provide document#
(2)The application must be made in accordance with rule 50.
41When document received by Division#
(2)A document provided by regular mail other than to the 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.
(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.
Original Documents
42Original documents#
(1)A party who has provided a copy of a document to the Division must provide the original document to the Division
(a)without delay, on the written request of the Division; or
(b)if the Division does not make a request, no later than at the beginning of the proceeding at which the document will be used.
Additional Documents
43Documents after hearing#
(3)In deciding the 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 proceedings; and
(c)whether the party, with reasonable effort, could have provided the document as required by rule 34.
Witnesses
44Providing witness information#
(1)If a party wants to call a witness, the party must provide the following witness information in writing to the other party, if any, and to the Division:
(a)the witness’s contact information;
(b)a brief statement of the purpose and substance of the witness’s testimony or, in the case of an expert witness, the expert witness’s brief signed summary of the testimony to be given;
(c)the time needed for the witness’s testimony;
(d)the party’s relationship to the witness;
(e)in the case of an expert witness, a description of the expert witness’s qualifications; and
(f)whether the party wants the witness to testify by means of live telecommunication.
(3)Documents provided under this rule must be received by their recipients no later than 10 days before the date fixed for the hearing.
(5)In deciding whether to allow a witness to testify, the Division must consider any relevant factors, including
(a)the relevance and probative value of the proposed testimony; and
(b)the reason why the witness information was not provided.
45Requesting summons#
(1)A party who wants the Division to order a person to testify at a hearing must make a request to the Division for a summons, either orally at a proceeding or in writing.
(2)In deciding whether to issue a summons, the Division must consider any relevant factors, including
(a)the necessity of the testimony to a full and proper hearing;
(b)the person’s ability to give that testimony; and
(c)whether the person has agreed to be summoned as a witness.
(a)provide the summons to the person by hand;
(b)provide a copy of the summons to the Division, together with a written statement indicating the name of the person who provided the summons and the date, time and place that it was provided by hand; and
(c)pay or offer to pay the person the applicable witness fees and travel expenses set out in Tariff A of the Federal Courts Rules.
46Cancelling summons#
(1)If a person who is summoned to appear as a witness wants the summons cancelled, the person must make an application in writing to the Division.
(2)The person must make the application in accordance with rule 50, but is not required to give evidence in an affidavit or statutory declaration.
47Arrest warrant#
(2)A party who makes a written request for a warrant must provide supporting evidence by affidavit or statutory declaration.
(3)The Division must not issue a warrant unless
(a)the person was provided the summons by hand or the person is avoiding being provided the summons;
(b)the person was paid or offered the applicable witness fees and travel expenses set out in Tariff A of the Federal Courts Rules;
(c)the person did not appear at the hearing as required by the summons; and
(d)the person’s testimony is still needed for a full and proper hearing.
(4)A warrant issued by the Division for the arrest of a person must include directions concerning detention or release.
Applications
General
49General provision#
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 50;
(b)a party who wants to respond to the application must respond in accordance with rule 51; and
(c)a party who wants to reply to a response must reply in accordance with rule 52.
How to Make an Application
50Written application and time limit#
(1)Unless these Rules provide otherwise, an application must be made in writing, without delay, and must be received by the Division no later than 10 days before the date fixed for the next proceeding.
(2)The Division must not allow a party to make an application orally at a proceeding unless the party, with reasonable effort, could not have made a written application before the proceeding.
(3)Unless these Rules provide otherwise, in a written application, the party must
(b)give reasons why the Division should make that decision; and
How to Respond to a Written Application
51Responding to written application#
(1)A response to a written application must be in writing and
(b)give reasons why the Division should make that decision.
(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.
(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
(4)Documents provided under subrule (3) must be received by their recipients no later than five days after the date on which the party receives the copy of the application.
How to Reply to a Written Response
52Replying to written response#
(1)A reply to a written response must be in writing.
(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.
(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
(4)Documents provided under subrule (3) must be received by their recipients no later than three days after the date on which the party receives the copy of the response.
Changing the Location of a Proceeding
53Application to change location#
(1)A party may make an application to the Division to change the location of a proceeding.
(2)The party must make the application in accordance with rule 50, but is not required to give evidence in an affidavit or statutory declaration.
(3)Documents provided under this rule must be received by their recipients no later than 20 days before the date fixed for the proceeding.
(4)In deciding the application, the Division must consider any relevant factors, including
(a)whether the party is residing in the location where the party wants the proceeding to be held;
(b)whether a change of location would allow the proceeding to be full and proper;
(c)whether a change of location would likely delay the proceeding;
(d)how a change of location would affect the Division’s operation;
(e)how a change of location would affect the parties;
(f)whether a change of location is necessary to accommodate a vulnerable person; and
(g)whether a hearing may be conducted by a means of live telecommunication with the claimant or protected person.
(5)Unless a party receives a decision from the Division allowing the application, the party must appear for the proceeding at the location fixed and be ready to start or continue the proceeding.
Changing the Date or Time of a Proceeding
54Application in writing#
(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.
(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.
(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.
(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
(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.
(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.
(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.
(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.
(10)Unless a party receives a decision from the Division allowing the application, the party must appear for the proceeding at the date and time fixed and be ready to start or continue the proceeding.
(11)If an application for a change to the date or time of a proceeding is allowed, the new date fixed by the Division must be no later than 10 working days after the date originally fixed for the proceeding or as soon as possible after that date.
Joining or Separating Claims or Applications
55Claims automatically joined#
(1)The Division must join the claim of a claimant to a claim made by the claimant’s spouse or common-law partner, child, parent, legal guardian, brother, sister, grandchild or grandparent, unless it is not practicable to do so.
(2)Applications to vacate or to cease refugee protection are joined if the claims of the protected persons were joined.
56Application to join#
(3)A party who makes an application to join or separate claims or applications to vacate or to cease refugee protection must do so in accordance with rule 50, 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
(4)Documents provided under this rule must be received by their recipients no later than 20 days before the date fixed for the hearing.
(5)In deciding the application to join or separate, the Division must consider any relevant factors, including whether
(a)the claims or applications to vacate or to cease refugee protection involve similar questions of fact or law;
(b)allowing the application to join or separate would promote the efficient administration of the Division’s work; and
(c)allowing the application to join or separate would likely cause an injustice.
Proceedings Conducted in Public
57Minister considered party#
(1)For the purpose of this rule, the Minister is considered to be a party whether or not the Minister takes part in the proceedings.
(2)A person who makes an application to the Division to have a proceeding conducted in public must do so in writing and in accordance with this rule rather than rule 50.
(3)The Division must not allow a person to make an application orally at a proceeding unless the person, with reasonable effort, could not have made a written application before the proceeding.
(4)In the application, the person must
(a)state the decision they want the Division to make;
(b)give reasons why the Division should make that decision;
(c)state whether they want the Division to consider the application in public or in the absence of the public;
(d)give reasons why the Division should consider the application in public or in the absence of the public;
(f)include any evidence that they want the Division to consider in deciding the application.
(6)A party may respond to a written application. The response must
(a)state the decision they want the Division to make;
(b)give reasons why the Division should make that decision;
(c)state whether they want the Division to consider the application in public or in the absence of the public;
(d)give reasons why the Division should consider the application in public or in the absence of the public;
(f)include any evidence that they want the Division to consider in deciding the application.
(8)The Division must provide to the applicant either a copy of the response or a summary of the response referred to in paragraph (12)(a).
(9)An applicant or a party may reply in writing to a written response or a summary of a response.
(12)The Division may take any measures it considers necessary to ensure the confidentiality of the proceeding in respect of the application, including
(a)providing a summary of the response to the applicant instead of a copy; and
(b)if the Division holds a hearing in respect of the application,
(i)excluding the applicant or the applicant and their counsel from the hearing while the party responding to the application provides evidence and makes representations, or
(ii)allowing the presence of the applicant’s counsel at the hearing while the party responding to the application provides evidence and makes representations, upon receipt of a written undertaking by counsel not to disclose any evidence or information adduced until a decision is made to hold the hearing in public.
(13)If the Division provides a summary of the response under paragraph (12)(a), or excludes the applicant and their counsel from a hearing in respect of the application under subparagraph (12)(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.
(14)The Division must notify the applicant and the parties of its decision on the application and provide reasons for the decision.
Observers
58Observers#
(1)An application under rule 57 is not necessary if an observer is a member of the staff of the Board or a representative or agent of the United Nations High Commissioner for Refugees or if the claimant or protected person consents to or requests the presence of an observer other than a representative of the press or other media of communication at the proceeding.
(2)The Division must allow the attendance of an observer unless, in the opinion of the Division, the observer’s attendance is likely to impede the proceeding.
(3)The Division may take any measures that it considers necessary to ensure the confidentiality of the proceeding despite the presence of an observer.
Withdrawal
59Abuse of process#
(1)For the purpose of subsection 168(2) of the Act, withdrawal of a claim or of an application to vacate or to cease refugee protection is an abuse of process if withdrawal would likely have a negative effect on the Division’s integrity. If no substantive evidence has been accepted in the hearing, withdrawal is not an abuse of process.
(2)If no substantive evidence has been accepted in the hearing, a party may withdraw the party’s claim or the application to vacate or to cease refugee protection by notifying the Division orally at a proceeding or in writing.
Reinstating a Withdrawn Claim or Application
60Application to reinstate withdrawn claim#
(1)A person may make an application to the Division to reinstate a claim that was made by the person and was withdrawn.
(2)The person must make the application in accordance with rule 50, include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer, and provide a copy of the application to the Minister.
(3)The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice or it is otherwise in the interests of justice to allow the application.
(4)In deciding the application, the Division must consider any relevant factors, including whether the application was made in a timely manner and the justification for any delay.
(5)If the person made a previous application to reinstate 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.
61Application to reinstate withdrawn application to vacate or to cease refugee protection#
(1)The Minister may make an application to the Division to reinstate an application to vacate or to cease refugee protection that was withdrawn.
(2)The Minister must make the application in accordance with rule 50.
(3)The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice or it is otherwise in the interests of justice to allow the application.
(4)In deciding the application, the Division must consider any relevant factors, including whether the application was made in a timely manner and the justification for any delay.
(5)If the Minister made a previous application to reinstate 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.
Reopening a Claim or Application
62Application to reopen claim#
(2)The application must be made in accordance with rule 50 and, for the purpose of paragraph 50(5)(a), the Minister is considered to be a party whether or not the Minister took part in the proceedings.
(3)If a claimant makes the application, they must include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer.
(4)If it is alleged in the application that the claimant’s counsel in the proceedings that are the subject of the application provided inadequate representation,
(a)the claimant must first provide a copy of the application to the counsel and then provide the original application to the Division, and
(b)the application provided to the Division must be accompanied by a written statement indicating how and when the copy of the application was provided to the counsel.
(5)The application must be accompanied by a copy of any notice of pending appeal or any pending application for leave to apply for judicial review or any pending application for judicial review.
(6)The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice.
(7)In deciding the application, the Division must consider any relevant factors, including
(a)whether the application was made in a timely manner and the justification for any delay; and
(9)If there is a pending appeal to the Refugee Appeal Division or a pending application for leave to apply for judicial review or a pending application for judicial review on the same or similar grounds, the Division must, as soon as is practicable, allow the application to reopen if it is necessary for the timely and efficient processing of a claim, or dismiss the application.
63Application to reopen application to vacate or to cease refugee protection#
(1)At any time before the Federal Court has made a final determination in respect of an application to vacate or to cease refugee protection that has been decided or declared abandoned, the Minister or the protected person may make an application to the Division to reopen the application.
(2)The application must be made in accordance with rule 50.
(3)If a protected person makes the application, they must include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer, and they must provide a copy of the application to the Minister.
(4)If it is alleged in the application that the protected person’s counsel in the proceedings that are the subject of the application to reopen provided inadequate representation,
(a)the protected person must first provide a copy of the application to the counsel and then provide the original application to the Division, and
(b)the application provided to the Division must be accompanied by a written statement indicating how and when the copy of the application was provided to the counsel.
(5)The application must be accompanied by a copy of any pending application for leave to apply for judicial review or any pending application for judicial review in respect of the application to vacate or to cease refugee protection.
(6)The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice.
(7)In deciding the application, the Division must consider any relevant factors, including
(a)whether the application was made in a timely manner and the justification for any delay; and
(b)if a party did not make an application for leave to apply for judicial review or an application for judicial review, the reasons why an application was not made.
(9)If there is a pending application for leave to apply for judicial review or a pending application for judicial review on the same or similar grounds, the Division must, as soon as is practicable, allow the application to reopen if it is necessary for the timely and efficient processing of a claim, or dismiss the application.
Applications to Vacate or to Cease Refugee Protection
64Form of application#
(1)An application to vacate or to cease refugee protection made by the Minister must be in writing and made in accordance with this rule.
(2)In the application, the Minister must include
(a)the contact information of the protected person and of their counsel, if any;
(b)the identification number given by the Department of Citizenship and Immigration to the protected person;
(c)the date and file number of any Division decision with respect to the protected person;
(d)in the case of a person whose application for protection was allowed abroad, the person’s file number, a copy of the decision and the location of the office;
(e)the decision that the Minister wants the Division to make; and
(f)the reasons why the Division should make that decision.
(3)The Minister must provide
(a)a copy of the application to the protected person; and
(b)the original of the application to the registry office that provided the notice of decision in the claim or to a registry office specified by the Division, together with a written statement indicating how and when a copy was provided to the protected person.
Abandonment
65Opportunity to explain#
(1)In determining whether a claim has been abandoned under subsection 168(1) of the Act, the Division must give the claimant an opportunity to explain why the claim should not be declared abandoned,
(a)immediately, if the claimant is present at the proceeding and the Division considers that it is fair to do so; or
(b)in any other case, by way of a special hearing.
(2)The special hearing on the abandonment of the claim for the failure to provide a completed Basis of Claim Form in accordance with paragraph 7(5)(a) must be held no later than five working days after the day on which the completed Basis of Claim Form was due. At the special hearing, the claimant must provide their completed Basis of Claim Form, unless the form has already been provided to the Division.
(3)The special hearing on the abandonment of the claim for the failure to appear for the hearing of the claim must be held no later than five working days after the day originally fixed for the hearing of the claim.
(4)The Division must consider, in deciding if the claim should be declared abandoned, the explanation given by the claimant and any other relevant factors, including the fact that the claimant is ready to start or continue the proceedings.
(5)If the claimant’s explanation includes medical reasons, other than those related to their counsel, they must provide, together with the explanation, the original of a legible, recently dated medical certificate signed by a qualified medical practitioner whose name and address are printed or stamped on the certificate.
(6)The medical certificate must set out
(a)the particulars of the medical condition, without specifying the diagnosis, that prevented the claimant from providing the completed Basis of Claim Form on the due date, appearing for the hearing of the claim, or otherwise pursuing their claim, as the case may be; and
(b)the date on which the claimant is expected to be able to pursue their claim.
(7)If a claimant fails to provide a medical certificate in accordance with subrules (5) and (6), the claimant must include in their explanation
(a)particulars of any efforts they made to obtain the required medical certificate, supported by corroborating evidence;
(b)particulars of the medical reasons included in the explanation, supported by corroborating evidence; and
(c)an explanation of how the medical condition prevented them from providing the completed Basis of Claim Form on the due date, appearing for the hearing of the claim or otherwise pursuing their claim, as the case may be.
(8)If the Division decides not to declare the claim abandoned, other than under subrule (2), it must start or continue the proceedings on the day the decision is made or as soon as possible after that day.
Notice of Constitutional Question
66Notice of constitutional question#
(1)A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question.
(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 date, time and location of the hearing;
(d)the specific legislative provision that is being challenged;
(e)the material facts relied on to support the constitutional challenge; and
(f)a summary of the legal argument to be made in support of the constitutional challenge.
(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;
(c)a copy of the notice to the other party, if any; and
(d)the original notice to the Division, together with a written statement indicating how and when the copies of the notice were provided under paragraphs (a) to (c), and proof that they were provided.
(4)Documents provided under this rule must be received by their recipients no later than 10 days before the day on which the constitutional argument is made.
Decisions
67Notice of decision and reasons#
(1)When the Division makes a decision, other than an interlocutory decision, it must provide in writing a notice of decision to the claimant or the protected person, as the case may be, and to the Minister.
(2)The Division must provide written reasons for the decision together with the notice of decision
(a)if written reasons must be provided under paragraph 169(1)(d) of the Act;
(b)if the Minister was not present when the Division rendered an oral decision and reasons allowing a claim for refugee protection; or
(c)when the Division makes a decision on an application to vacate or to cease refugee protection.
(3)A request under paragraph 169(1)(e) of the Act for written reasons for a decision must be made in writing.
68When decision of single member takes effect#
(1)A decision made by a single Division member allowing or rejecting a claim for refugee protection, on an application to vacate or to cease refugee protection, on the abandonment of a claim or of an application to vacate or to cease refugee protection, or allowing an application to withdraw a claim or to withdraw an application to vacate or to cease refugee protection takes effect
(a)if given orally at a hearing, when the member states the decision and gives the reasons; and
(b)if made in writing, when the member signs and dates the reasons for the decision.
(2)A decision made by a panel of three Division members allowing or rejecting a claim for refugee protection, on an application to vacate or to cease refugee protection, on the abandonment of a claim or of an application to vacate or to cease refugee protection, or allowing an application to withdraw a claim or to withdraw an application to vacate or to cease refugee protection takes effect
(a)if given orally at a hearing, when all the members state their decision and give their reasons; and
(b)if made in writing, when all the members sign and date their reasons for the decision.
General Provisions
69No applicable rule#
In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter.
70Powers of Division#
The Division may, after giving the parties notice and an opportunity to object,
(b)change a requirement of a rule;
(c)excuse a person from a requirement of a rule; and
(d)extend a time limit, before or after the time limit has expired, or shorten it if the time limit has not expired.
Repeals
Coming into Force
Schedule 1 · (Rule 1)
Item | Information1 | Claimant’s name.2 | Claimant’s date of birth.3 | Claimant’s gender.4 | Claimant’s nationality, ethnic or racial group, or tribe.5 | Languages and dialects, if any, that the claimant speaks.6 | Claimant’s religion and denomination or sect.7 | Whether the claimant believes that they would experience harm, mistreatment or threats if they returned to their country today. If yes, description of what the claimant expects would happen, including who would harm, mistreat or threaten them and what the claimant believes would be the reasons for it.8 | Whether the claimant or the claimant’s family have ever experienced harm, mistreatment or threats in the past. If yes, a description of the harm, mistreatment or threats, including when it occurred, who caused it, what the claimant believes are the reasons for it and whether similarly situated persons have experienced such harm, mistreatment or threats.9 | Whether the claimant sought protection or help from any authority or organization in their country. If not, an explanation of why not. If yes, the authority or organization from which the claimant sought protection or help and a description of what the claimant did and what happened as a result.10 | When the claimant left their country and the reasons for leaving at that time.11 | Whether the claimant moved to another part of their country to seek safety. If not, an explanation of why not. If the claimant moved to another part of their country, the reasons for leaving it and an explanation why the claimant could not live there or in another part of their country today.12 | Whether the claimant moved to another country to seek safety. If yes, details including the name of the country, when the claimant moved there, length of stay and whether the claimant claimed refugee protection there. If the claimant did not claim refugee protection there, an explanation of why not.13 | Whether minors are claiming refugee protection with the claimant. If yes, whether the claimant is the minor’s parent and the other parent is in Canada, or whether the claimant is not the minor’s parent, or whether the claimant is the minor’s parent but the other parent is not in Canada. If the claimant is not the minor’s parent or if the claimant is the minor’s parent but the other parent is not in Canada, details of any legal documents or written consent allowing the claimant to take care of the minor or travel with the minor. If the claimant does not have such documents, an explanation of why not.14 | If a child six years old or younger is claiming refugee protection with the claimant, an explanation of why the claimant believes the child would be at risk of being harmed, mistreated or threatened if returned to their country.15 | Other details the claimant considers important for the refugee protection claim.16 | Country or countries in which the claimant believes they are at risk of serious harm.17 | The country or countries in which the claimant is or has been a citizen, including how and when citizenship was acquired and present status.18 | Name, date of birth, citizenship and place and country of residence of relatives, living or dead, specifically the claimant’s spouse, common-law partner, children, parents, brothers and sisters.19 | If the claimant or the claimant’s spouse, common-law partner, child, parent, brother or sister has claimed refugee protection or asylum in Canada or in any other country — including at a Canadian office abroad or from the United Nations High Commissioner for Refugees — the details of the claim including the name of the person who made the claim, and the date, location, result of the claim and IRB file number or CIC client ID number, if any.20 | Whether the claimant applied for a visa to enter Canada. If yes, for what type of visa, the date of the application, at which Canadian office the application was made and whether or not it was accepted. If the visa was issued, the date of issue and the duration of the visa. If the application was refused, the date and reasons of refusal.21 | Claimant’s contact information.22 | Whether the claimant has counsel and if so, details concerning counsel — including what counsel has been retained to do and counsel’s contact information.23 | Claimant’s choice of official language for communications with and proceedings before the Board.24 | Whether the claimant needs an interpreter during any proceeding, and the language and dialect, if any, to be interpreted.
Schedule 2 · (Paragraph 3(5)(d))
Item | Information1 | Name, gender and date of birth.2 | Department of Citizenship and Immigration client identification number.3 | If the claimant is detained, the name and address of the place of detention.4 | Claimant’s contact information in Canada, if any.5 | Contact information of any counsel for the claimant.6 | Official language chosen by the claimant as the language of proceedings before the Board.7 | Date the claim was referred or deemed to be referred to the Division.8 | Section of the Act under which the claim is being referred.9 | Officer’s decision about the claim’s eligibility under section 100 of the Act, if a decision has been made.10 | The country or countries in which the claimant fears persecution, torture, a risk to their life or a risk of cruel and unusual treatment or punishment.11 | Whether the claimant may need a designated representative and the contact information for any proposed designated representative.12 | Whether the claimant needs an interpreter, including a sign language interpreter, during any proceeding, and the language and dialect, if any, to be interpreted.13 | If a claim of the claimant’s spouse, common-law partner or any relative has been referred to the Division, the name and Department of Citizenship and Immigration client identification numbers of each of those persons.14 | When and how the officer notified the claimant of the referral of the claim to the Division.15 | Whether the claim was made at a port of entry or inside Canada other than at a port of entry.16 | Any other information gathered by the officer about the claimant that is relevant to the claim.
Schedule 3 · (Rules 5 and 13)
Item | Information1 | IRB Division and file number with respect to the claimant or protected person.2 | Name of counsel who is representing or advising the claimant or protected person and who is not receiving consideration for those services.3 | Name of counsel’s firm or organization, if applicable, and counsel’s postal address, telephone number, fax number and email address, if any.4 | If applicable, a declaration, signed by the interpreter, that includes the interpreter’s name, the language and dialect, if any, interpreted and a statement that the interpretation is accurate.5 | Declaration signed by the claimant or protected person that the counsel who is representing or advising them is not receiving consideration and the information provided in the form is complete, true and correct.6 | Declaration signed by counsel that they are not receiving consideration for representing or advising the claimant or protected person and that the information provided in the form is complete, true and correct.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.