Refugee Protection Division Rules
P.C. 2012-1594 2012-11-29
The Chairperson of the Immigration and Refugee Board, pursuant to subsection 161(1) of the Immigration and Refugee Protection ActFootnote a, 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, 2012
His 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 ActFootnote a, 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.
Return to footnote aS.C. 2001, c. 27
1 The following definitions apply in these Rules.
Act means the Immigration and Refugee Protection Act. (Loi)
- Basis of Claim Form
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
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)
Division means the Refugee Protection Division. (Section)
officer means a person designated as an officer by the Minister under subsection 6(1) of the Act. (agent)
proceeding includes a conference, an application or a hearing. (procédure)
- registry office
registry office means a business office of the Division. (greffe)
Regulations means the Immigration and Refugee Protection Regulations. (Règlement)
- vulnerable person
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
working day does not include Saturdays, Sundays or other days on which the Board offices are closed. (jour ouvrable)
Communicating with the Division
Marginal note:Communicating with Division
2 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
Marginal note:Fixing date, time and location of hearing
3 (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.
Marginal note:Date fixed by officer
(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
Marginal note:Providing information to claimant in writing
(4) The officer must
(a) notify the claimant in writing by way of a notice to appear
(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.
Marginal note:Providing information in writing and documents to Division
(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.
Marginal note:Providing copies to claimant
(6) The officer must provide to the claimant a copy of any documents or information that the officer has provided to the Division under paragraphs (5)(d) to (g).
Marginal note:Claimant’s contact information
Marginal note:Time limit
(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).
Marginal note:Change to contact information
(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.
Marginal note:Information concerning claimant’s counsel
(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.
Marginal note:Declaration — counsel not representing or advising for consideration
5 If a claimant retains counsel who is not a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, both the claimant and their counsel must without delay provide the information and declarations set out in Schedule 3 to the Division in writing.
Basis of Claim Form
Marginal note:Claimant’s declarations
Marginal note:Form completed without interpreter
(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.
Marginal note:Interpreter’s declaration
(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.
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