加拿大難民程式/RAD 規則第 3 部分 - 適用於所有上訴的規則
< 加拿大難民程式
RAD 規則第 3 部分的文字如下
PART 3 Rules Applicable to All Appeals
Communicating with the Division Communicating with Division 14 All communication with the Division must be directed to the registry office specified by the Division.
關於 RAD 規則 14，請參閱 RPD 規則 2 的評註: 加拿大難民程式/RPD 規則 2 - 與部門溝通.
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.
關於 RAD 規則 15，請參閱 RPD 規則 4 的評註: 加拿大難民程式/RPD 規則 3-13 - 應提供的資訊和檔案#RPD 規則 4 - 申請人聯絡方式.
Counsel 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.
RAD 規則 16(2) 規定，如果上訴人更換律師，則該人必須立即以書面形式通知部長。 這樣做會導致潛在的程式不公，並可能為撤銷裁決提供理由，正如聯邦法院在加拿大訴米勒案中所做的那樣。 [1]
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.
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.
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.
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 Protection Division Record 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.
參見： 加拿大難民程式/RAD 規則 第一部分 - 適用於由上訴人提出的上訴的規則#規則 3(3)(c)：如果上訴人希望在上訴中依賴這些檔案，則上訴人記錄必須包含難民保護司在聽證期間或之後拒絕接受的任何檔案。。
Language of the Appeal Choice of language 22 (1) A person who is the subject of an appeal must choose English or French as the language of the appeal. The person must indicate that choice in the notice of appeal if they are the appellant or in the notice of intent to respond if they are the respondent. Language — Minister’s appeals (2) If the appellant is the Minister, the language of the appeal is the language chosen by the person who is the subject of the appeal in the proceedings relating to the decision being appealed. Changing language (3) A person who is the subject of an appeal may change the language of the appeal that they chose under subrule (1) by notifying the Division and the Minister in writing without delay and, if a date for a proceeding has been fixed, the notice must be received by their recipients no later than 20 days before that date.
參見等效 RPD 規則的評論： 加拿大難民程式/RPD 規則 17-18 - 訴訟語言。
Designated Representatives Continuation of designation 23 (1) If the Refugee Protection Division designated a representative for the person who is the subject of the appeal in the proceedings relating to the decision being appealed, the representative is deemed to have been designated by the Division, unless the Division orders otherwise. Duty of counsel to notify (2) If the Refugee Protection Division did not designate a representative for the person who is the subject of the appeal and counsel for a party believes that the Division should designate a representative for the person because the person is under 18 years of age or is unable to appreciate the nature of the proceedings, counsel must without delay notify the Division in writing. Exception (3) Subrule (2) does not apply in the case of a person under 18 years of age whose appeal is joined with the appeal of their parent or legal guardian if the parent or legal guardian is 18 years of age or older. Content of notice (4) The notice must include the following information: (a) whether counsel 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 believes that a representative should be designated. Requirements for being designated (5) 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 person who is the subject of the appeal; and (d) not have interests that conflict with those of the person who is the subject of the appeal. Factors (6) When determining whether a person who is the subject of an appeal 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 a division other than the Refugee Protection Division. Designation applies to all proceedings (7) The designation of a representative for a person who is under 18 years of age or who is unable to appreciate the nature of the proceedings applies to all subsequent proceedings in the Division with respect to that person unless the Division orders otherwise.
規則 23(7) 規定，對未滿 18 歲的個人指定代表適用於該個人在難民上訴司的所有後續程式，除非該司另有命令。 RAD 指定的代表通常不會在其他部門建立這樣的關係，例如，如果 RAD 將案件送回 RPD 並在送回之前指定了 DR。 相反，一個人在委員會其他部門的訴訟中被指定為代表，這只是 RPD 在此類情況下確定是否應指定代表時需要考慮的一個因素： 加拿大難民程式/指定代表#RPD 規則 20(5) - 確定索賠人或受保護人是否無法理解訴訟性質的因素。
End of designation — person reaches 18 years of age (8) 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. Termination of designation (9) The Division may terminate a designation if the Division is of the opinion that the representative is no longer required or suitable and may designate a new representative if required. Designation criteria (10) 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. Responsibilities of representative (11) 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 appeal 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; and (f) informing and consulting the represented person to the extent possible when making decisions about the case.
參見等效 RPD 規則的評論： 加拿大難民程式/RPD 規則 20 - 指定代表。
Specialized Knowledge Notice to parties 24 (1) Before using any information or opinion that is within its specialized knowledge, the Division must notify the parties and give them an opportunity to, (a) if a date for a hearing has not been fixed, make written representations on the reliability and use of the information or opinion and provide written evidence in support of their representations; and (b) if a date for a hearing has been fixed, make oral or written representations on the reliability and use of the information or opinion and provide evidence in support of their representations. Providing written representations and evidence (2) A party must provide its written representations and evidence first to any other party and then to the Division. Proof written representations and evidence were provided (3) The written representations and evidence provided to the Division must be accompanied by proof that they were provided to any other party.
參見等效 RPD 規則的評論： 加拿大難民程式/RPD 規則 22 - 專業知識。
Notice of constitutional question 25 (1) A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question. Form and content of notice (2) The party must complete the notice as set out in Form 69 of the Federal Courts Rules or any other form that includes (a) the party’s name; (b) the Division file number; (c) the specific legislative provision that is being challenged; (d) the material facts relied on to support the constitutional challenge; and (e) a summary of the legal argument to be made in support of the constitutional challenge. Providing notice (3) The party must provide (a) a copy of the notice to the Attorney General of Canada and to the attorney general of each province of Canada, in accordance with section 57 of the Federal Courts Act; (b) a copy of the notice to the Minister even if the Minister has not yet intervened in the appeal; (c) a copy of the notice to the UNHCR, if the UNHCR has provided notice of its intention to provide written submissions, and to any interested person; and (d) the original notice to the Division, together with proof that copies were provided under paragraphs (a) to (c). Time limit (4) Documents provided under this rule must be received by their recipients at the same time as the Division receives the appellant’s record, respondent’s record or the reply record, as the case may be. Deciding of constitutional question (5) The Division must not make a decision on the constitutional question until at least 10 days after the day on which it receives the notice of constitutional question.
RAD 規則 25(3)(c) 規定，當事方必須向任何利害關係人提供任何憲法問題通知的副本。 “利害關係人”的概念在 RAD 規則 1 中定義為“根據規則 46 提交參與上訴申請已被批准的人”。 RAD 規則 46 是專門管理三成員小組的規則：加拿大難民程式/RAD 規則第 3 部分 - 適用於所有上訴的規則#RAD 規則 46：個人申請參與三成員小組。
評論
[edit | edit source]有關評論，請參閱：加拿大難民程式/RPD 規則 66 - 憲法問題通知。
RAD 規則 26 - 會議
[edit | edit source]Conferences Requirement to participate at conference 26 (1) The Division may require the parties to participate at a conference to discuss issues, relevant facts and any other matter in order to make the appeal fairer and more efficient. Information or documents (2) The Division may require the parties to give any information or provide any document, at or before the conference. Written record (3) The Division must make a written record of any decisions and agreements made at the conference.
評論
[edit | edit source]有關評論，請參閱等效的 RPD 規則：加拿大難民程式/RPD 規則 24 - 會議。
RAD 規則 27 - 檔案
[edit | edit source]Documents Form and Language of Documents Documents prepared by party 27 (1) A document prepared for use by a party in a proceeding must be typewritten, in a type not smaller than 12 point, on one or both sides of 216 mm by 279 mm (8 ½ inches x 11 inches) paper. Photocopies (2) Any photocopy provided by a party must be a clear copy of the document photocopied and be on one or both sides of 216 mm by 279 mm (8 ½ inches x 11 inches) paper. List of documents (3) If more than one document is provided, the party must provide a list identifying each of the documents. Consecutively numbered pages (4) A party must consecutively number each page of all the documents provided as if they were one document.
評論
[edit | edit source]有關評論，請參閱等效的 RPD 規則：加拿大難民程式/RPD 規則 31-43 - 檔案#RPD 規則 31 - 如何提供檔案。
RAD 規則 28 - 檔案語言
[edit | edit source]Language of documents — person 28 (1) All documents used by a person who is the subject of an appeal in an appeal must be in English or French or, if in another language, be provided together with an English or French translation and a declaration signed by the translator. Language of Minister’s documents (2) All documents used by the Minister in an appeal must be in the language of the appeal or be provided together with a translation in the language of the appeal and a declaration signed by the translator. Translator’s declaration (3) A translator’s declaration must include the translator’s name, the language and dialect, if any, translated and a statement that the translation is accurate.
評論
[edit | edit source]有關評論，請參閱等效的 RPD 規則：加拿大難民程式/檔案#RPD 規則 32 - 檔案語言。
RAD 規則 29 - 以前未提供的檔案或書面意見
[edit | edit source]Documents or Written Submissions not Previously Provided Documents or written submissions not previously provided — person 29 (1) A person who is the subject of an appeal who does not provide a document or written submissions with the appellant’s record, respondent’s record or reply record must not use the document or provide the written submissions in the appeal unless allowed to do so by the Division. Application (2) If a person who is the subject of an appeal wants to use a document or provide written submissions that were not previously provided, the person must make an application to the Division in accordance with rule 37. Documents — new evidence (3) The person who is the subject of the appeal must include in an application to use a document that was not previously provided an explanation of how the document meets the requirements of subsection 110(4) of the Act and how that evidence relates to the person, unless the document is being presented in response to evidence presented by the Minister. Factors (4) In deciding whether to allow an application, the Division must consider any relevant factors, including (a) the document’s relevance and probative value; (b) any new evidence the document brings to the appeal; and (c) whether the person who is the subject of the appeal, with reasonable effort, could have provided the document or written submissions with the appellant’s record, respondent’s record or reply record. Documents or written submissions not previously provided — Minister (5) If, at any time before the Division makes a decision, the Minister, in accordance with paragraph 171(a.5) of the Act, submits documentary evidence or written submissions in support of the Minister’s appeal or intervention that were not previously provided, the Minister must provide the documentary evidence or written submissions first to the person who is the subject of the appeal and then to the Division. Proof documents or written submissions provided (6) The additional documents or written submissions provided to the Division under subrule (5) must be accompanied by proof that they were provided to the person who is the subject of the appeal. Reply to Minister’s documents or written submissions (7) The person who is the subject of the appeal may reply to the additional documents or written submissions in accordance with rule 5 with any modifications that the circumstances require.
在決定是否允許申請時，部門必須考慮任何相關因素，包括規則 29(4) 中列出的因素。
[edit | edit source]在決定是否允許根據 RAD 規則 29 提交申請時，部門必須考慮任何相關因素，包括但不限於 RAD 規則 29(4) 中列出的三個因素。 RAD 必須根據 RAD 規則第 29(4) 條考慮所有三個標準，不能僅僅將其分析限制在其中一個相關因素上，即證據是否可以在上訴人完善的記錄中提供。[2]雖然規則 37(3) 中列出的因素並非詳盡無遺，但在因素列表之前使用“包括”一詞而不是“例如”一詞表明瞭其意圖，即應考慮子規則中包含的每個因素。 這樣做失敗會導致程式公正的違反。[3]
即使在 RAD 徵求有關某一問題的意見的情況下，RAD 規則 29 也可能適用。
[edit | edit source]RAD 規則 29(2) 規定，想要使用以前未提供過的檔案或提供書面意見的人員必須提出申請。 即使在 RAD 徵求意見的情況下也是如此。 在 _Gomez Guzman v. Canada_ 中，RAD 在因 COVID-19 大流行關閉後重新開放辦公室後，向申請人律師寫信，給出了 30 天的時間來提交支援上訴的檔案，這些檔案“[將] 在沒有申請的情況下被接受”。 RAD 信件進一步說明，“規則 29 和 110(4) 的其他要求繼續適用”。[4]小組沒有接受該證據，認為該證據不符合 RAD 規則 29 的要求。 法院維持了這一決定，認為該小組在適用規則 29 時是正確的，儘管該意見是由部門提出的。[5]
RAD 規則 29 是否以及如何適用於法院下令的重新確定
[edit | edit source]RAD 規則 29(1) 規定，未在上訴人記錄、答辯人記錄或答辯記錄中提供檔案或書面意見的上訴物件，不得在未經部門允許的情況下使用該檔案或提供該書面意見。 因此，該規則的意圖是，在上訴物件最初提供其上訴人記錄、答辯人記錄或答辯記錄時，無需滿足 RAD 規則 29 的要求，但在之後提供檔案或書面意見時，必須滿足該要求。
在法院下令對檔案重新確定（例如，案件被聯邦法院退回重新審議時）的情況下，如何解釋該規則可能會出現問題。 RAD 的做法是傳送關於此類案件的標準格式信函，該信函明確表明上訴物件可以提交新的證據（受相關法定標準約束），並隱含地表明只要證據在信函中指定的截止日期之前收到，RAD 規則 29 就不適用。
請注意，任何對檔案內容的異議應以書面形式提出，任何額外證據應符合新的證據的可採納性要求（《移民與難民保護法》第 110(4) 條和 _MCI v. Singh_，2016 FCA 96 中規定的標準），以及最遲在 <日期> **之前** 提供給所有當事方和 RAD。 在有 RAD 聽證會的情況下，除非聯邦法院下令舉行新的聽證會，否則新的小組可能會或可能不會決定舉行新的聽證會。
另請參閱
RAD 規則 30 - 提供檔案
[edit | edit source]Providing a Document General provision 30 Rules 31 to 35 apply to any document, including a notice or request in writing.
Providing documents to Division 31 (1) A document to be provided to the Division must be provided to the Division’s registry office that is located in the same region as the Refugee Protection Division’s registry office through which the notice of decision under appeal was provided. Providing documents to Refugee Protection Division (2) A document to be provided to the Refugee Protection Division must be provided to the Refugee Protection Division’s registry office through which the notice of decision under appeal was provided. Providing documents to Minister (3) A document to be provided to the Minister must be provided to the Minister’s counsel. Providing documents to person other than Minister (4) A document to be provided to a person other than the Minister must be provided to the person’s counsel if the person has counsel of record. If the person does not have counsel of record, the document must be provided to the person.
How to provide document 32 A document may be provided in any of the following ways: (a) by hand; (b) by regular mail or registered mail; (c) by courier; (d) by fax if the recipient has a fax number and the document is no more than 20 pages long, unless the recipient consents to receiving more than 20 pages; and (e) by email or other electronic means if the Division allows.
RAD 規則 32(e) 規定，如果部門允許，檔案可以透過電子郵件或其他電子方式提供。部門有一個關於“透過加拿大郵政 epost Connect 到難民上訴部門交換檔案”的實踐通知，允許這樣做。[6]《難民上訴部門（RAD）恢復時限的實踐通知》還規定，部門接受傳送到列出電子郵件地址的電子郵件檔案。[7]
Application if unable to provide document 33 (1) If a party is unable to provide a document in a way required by rule 32, the party may make an application to the Division to be allowed to provide the document in another way or to be excused from providing the document. Form of application (2) The application must be made in accordance with rule 37. Allowing application (3) The Division must not allow the application unless the party has made reasonable efforts to provide the document to the person to whom the document must be provided.
Proof document was provided 34 (1) Proof that a document was provided must be established by (a) an acknowledgment of receipt signed by the recipient or a statement of service, if the document was provided by hand; (b) a confirmation of receipt if the document was provided by registered mail, courier, fax or email or other electronic means; or (c) a statement of service if the document was provided by regular mail. Statement of service (2) For the purpose of paragraph (1)(a) or (c), a statement of service consists of a written statement, signed by the person who provided the document, that includes the person’s name and a statement of how and when the document was provided. Statement – unable to provide proof (3) If a party is unable to provide proof that a document was provided in a way required by paragraph (1)(a) to (c), the party must provide a written statement, signed by the party, that includes an explanation of why they are unable to provide proof.
有關評論，請參閱相應的 RPD 規則 34：加拿大難民程式/RPD 規則 31-43 - 檔案#RPD 規則 34 - 當事人披露其想在聽證中使用的檔案的義務、程式和時間表.
When document received by division 35 (1) A document provided to the Division or to the Refugee Protection Division is considered to be received on the day on which the document is date-stamped by that division. When document received by recipient other than division (2) A document provided by regular mail other than to the Division or to the Refugee Protection Division is considered to be received seven days after the day on which it was mailed. If the seventh day is not a working day, the document is considered to be received on the next working day. Extension of time limit — next working day (3) When the time limit for providing a document ends on a day that is not a working day, the time limit is extended to the next working day.
有關評論，請參閱相應的 RPD 規則 41：加拿大難民程式/RPD 規則 31-43 - 檔案#RPD 規則 41 - 檔案何時視為收到.
Applications General General provision 36 Unless these Rules provide otherwise, (a) a party who wants the Division to make a decision on any matter in a proceeding, including the procedure to be followed, must make an application to the Division in accordance with rule 37; (b) a party who wants to respond to the application must respond in accordance with rule 38; and (c) a party who wants to reply to a response must reply in accordance with rule 39.
How to Make an Application Form of application and time limit 37 (1) Unless these Rules provide otherwise, an application must be made in writing and without delay. Oral application (2) If a date for a hearing has been fixed, the Division must not allow a party to make an application orally at the hearing unless the party, with reasonable effort, could not have made a written application before that date. Content of application (3) Unless these Rules provide otherwise, in a written application, the party must (a) state the decision the party wants the Division to make; (b) give reasons why the Division should make that decision; and (c) if there is another party and the views of that party are known, state whether the other party agrees to the application. Affidavit or statutory declaration (4) Unless these Rules provide otherwise, any evidence that the party wants the Division to consider with a written application must be given in an affidavit or statutory declaration that accompanies the application. Providing application to other party and Division (5) A party who makes a written application must provide (a) to any other party, a copy of the application and a copy of any affidavit or statutory declaration; and (b) to the Division, the original application and the original of any affidavit or statutory declaration, together with proof that a copy was provided to any other party.
《實踐通知：透過加拿大郵政 epost Connect™ 向難民上訴部門交換檔案》指出，如果根據規則 37 提交的申請是電子提交的，RAD 將不會要求提供簽署的宣誓書或法定宣告。[6]此外，《難民上訴部門：關於 COVID-19 大流行期間提交檔案規則臨時豁免的實踐通知》規定，RAD 不會要求上訴人記錄簽署，也不會要求提供簽署的宣誓書或法定宣告作為支援規則 37 申請的檔案。這樣做是為了“考慮到 COVID-19 的持續存在，RAD 將繼續鼓勵與部門的電子溝通，並透過取消規則中關於提交支援上訴的檔案的簽名要求來促進保持身體距離”。[8]
How to Respond to a Written Application Responding to written application 38 (1) A response to a written application must be in writing and (a) state the decision the party wants the Division to make; and (b) give reasons why the Division should make that decision. Evidence in written response (2) Any evidence that the party wants the Division to consider with the written response must be given in an affidavit or statutory declaration that accompanies the response. Unless the Division requires it, an affidavit or statutory declaration is not required if the party who made the application was not required to give evidence in an affidavit or statutory declaration, together with the application. Providing response (3) A party who responds to a written application must provide (a) to the other party, a copy of the response and a copy of any affidavit or statutory declaration; and (b) to the Division, the original response and the original of any affidavit or statutory declaration, together with proof that a copy was provided to the other party. Time limit (4) Documents provided under subrule (3) must be received by their recipients no later than seven days after the day on which the party receives the copy of the application.
《實踐通知：透過加拿大郵政 epost Connect™ 向難民上訴部門交換檔案》指出，如果根據規則 37 提交的申請是電子提交的，RAD 將不會要求提供簽署的宣誓書或法定宣告。[6]考慮到 RAD 規則 38(2) 規定，如果提出申請的當事人不需要以這種形式提供證據，則不需要宣誓書或法定宣告，並且考慮到此要求已對所有申請免除，因此可以說 RAD 規則 38(2) 中的要求也不適用。
How to Reply to a Written Response Replying to written response 39 (1) A reply to a written response must be in writing. Evidence in reply (2) Any evidence that the party wants the Division to consider with the written reply must be given in an affidavit or statutory declaration that accompanies the reply. Unless the Division requires it, an affidavit or statutory declaration is not required if the party was not required to give evidence in an affidavit or statutory declaration, together with the application. Providing reply (3) A party who replies to a written response must provide (a) to the other party, a copy of the reply and a copy of any affidavit or statutory declaration; and (b) to the Division, the original reply and the original of any affidavit or statutory declaration, together with proof that a copy was provided to the other party. Time limit (4) Documents provided under subrule (3) must be received by their recipients no later than five days after the day on which the party receives the copy of the response.
Joining or Separating Appeals Appeals automatically joined 40 The Division must join any appeals of decisions on claims that were joined at the time that the Refugee Protection Division decided the claims. Application to join 41 (1) A party may make an application to the Division to join appeals. Application to separate (2) A party may make an application to the Division to separate appeals that are joined. Form of application and providing application (3) A party who makes an application to join or separate appeals must do so in accordance with rule 37, but the party is not required to give evidence in an affidavit or statutory declaration. The party must also (a) provide a copy of the application to any person who will be affected by the Division’s decision on the application; and (b) provide to the Division proof that the party provided the copy of the application to any affected person. Time limit (4) Documents provided under this rule must be received by their recipients, (a) if the person who is the subject of the appeal is the applicant, at the same time as the Division receives the person’s notice of appeal, notice of intent to respond or reply record; or (b) if the Minister is the applicant, at the same time as the Division receives the Minister’s notice of appeal, notice of intervention or reply. Factors (5) In deciding the application, the Division must consider any relevant factors, including whether (a) the appeals involve similar questions of fact or law; (b) allowing the application would promote the efficient administration of the Division’s work; and (c) allowing the application would likely cause an injustice.
Proceedings Conducted in Public Minister considered party 42 (1) For the purpose of this rule, the Minister is considered to be a party even if the Minister has not yet intervened in the appeal. Application (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 37. Oral application (3) If a date for a hearing has been fixed, the Division must not allow a person to make an application orally at the hearing unless the person, with reasonable effort, could not have made a written application before that date. Content of application (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; and (e) include any evidence that they want the Division to consider in deciding the application. Providing application (5) The person must provide the original application and two copies to the Division. The Division must provide a copy of the application to the parties. Response to 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; and (e) include any evidence that they want the Division to consider in deciding the application. Minister’s notice (7) If the Minister responds to a written application, the response must be accompanied by a notice of intervention in accordance with subrule 4(2), if one was not previously provided. Providing response (8) The party must provide a copy of the response to the other party and provide the original response and a copy to the Division, together with proof that the copy was provided to the other party. Providing response to applicant (9) The Division must provide to the applicant either a copy of the response or a summary of the response referred to in paragraph (13)(a). Reply to response (10) An applicant or a party may reply in writing to a written response or a summary of a response. Providing reply (11) An applicant or a party who replies to a written response or a summary of a response must provide the original reply and two copies to the Division. The Division must provide a copy of the reply to the parties. Time limit (12) An application made under this rule must be received by the Division without delay. The Division must specify the time limit within which a response or reply, if any, is to be provided. Confidentiality (13) 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 appeal and 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, on 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. Summary of response (14) If the Division provides a summary of the response under paragraph (13)(a), or excludes the applicant and their counsel from a hearing in respect of the application under subparagraph (13)(b)(i), the Division must provide a summary of the representations and evidence, if any, that is sufficient to enable the applicant to reply, while ensuring the confidentiality of the proceeding having regard to the factors set out in paragraph 166(b) of the Act. Notification of decision on application (15) The Division must notify the applicant and the parties of its decision on the application and provide reasons for the decision.
Assignment of Three-member Panel Notice of order 43 (1) If the Chairperson of the Board orders a proceeding to be conducted by three Division members, the Division must without delay notify the parties — including the Minister even if the Minister has not yet intervened in the appeal — and the UNHCR in writing of the order. Providing documents to UNHCR (2) The Division must provide the UNHCR with a copy of the following documents at the same time that it provides notice of the order: (a) the Refugee Protection Division record; and (b) the notice of appeal, appellant’s record, notice of intent to respond, respondent’s record, reply record, Minister’s notice of intervention, Minister’s intervention record, if any, Minister’s reply, and Minister’s reply record, if any. UNHCR’s notice to Division (3) If the UNHCR receives notice of an order, the UNHCR may provide notice to the Division in accordance with subrule 45(1) of its intention to provide written submissions. Time limit (4) The Division may, without further notice to the parties and to the UNHCR, decide the appeal on the basis of the materials provided if a period of 15 days has passed since the day on which the Minister and the UNHCR receive notice of the order.
UNHCR and Interested Persons Rules applicable to UNHCR and interested persons 44 These Rules, with the exception of rules 25 (notice of constitutional question) and 47 to 49 (withdrawal, reinstatement, reopening), apply to the UNHCR and interested persons with any modifications that the circumstances require.
參見：加拿大難民程式/RAD 規則 1 - 解釋和定義#利害關係人.
Notice to Division 45 (1) The UNHCR must notify the Division in writing of its intention to provide written submissions in an appeal conducted by a three-member panel, and include its contact information and that of its counsel, if any. Notice to person and Minister (2) The Division must without delay provide a copy of the UNHCR’s notice to the person who is the subject of the appeal and to the Minister. Providing written submissions to Division (3) The UNHCR’s written submissions must be received by the Division no later than 10 days after the day on which the UNHCR provided the notice. Limitation — written submissions (4) The UNHCR’s written submissions must not raise new issues. Length of written submissions (5) The UNHCR’s written submissions must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Providing written submissions (6) The Division must without delay provide a copy of the UNHCR’s written submissions to the person who is the subject of the appeal and to the Minister. Response (7) The person who is the subject of the appeal or the Minister may respond to the UNHCR’s submissions in writing. Limitation — response (8) A response must not raise new issues. Length of response (9) A response must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Providing response (10) The response must first be provided to the person who is the subject of the appeal or to the Minister, as the case may be, and then to the Division. Proof response provided (11) The response provided to the Division must be accompanied by proof that it was provided to the person who is the subject of the appeal or to the Minister, as the case may be. Time limit (12) Documents provided under subrules (10) and (11) must be received by their recipients no later than seven days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the UNHCR’s submissions.
以上 RAD 規則 45 的規定與《移民和難民保護法》第 110(3) 條有關：加拿大難民程式/110-111 - 對難民申訴部門的申訴#在三人小組審理案件的情況下，難民申訴部門可以接受聯合國難民署提供的檔案證據和書面意見.
Application by person to participate 46 (1) Any person, other than the UNHCR, may make an application to the Division to be allowed to participate in an appeal conducted by a three-member panel. The person must make the application without delay and in accordance with this rule. Form and content of application (2) The application must be in writing and include (a) the applicant’s name; (b) an explanation of why the applicant wants to participate; (c) the submissions the applicant wants to put forward and an explanation of how they are relevant to the appeal; (d) an explanation of the differences between the applicant’s submissions and those of the person who is the subject of the appeal and the Minister; (e) an explanation of how the applicant’s submissions may help the Division decide the appeal; and (f) the contact information of the applicant and their counsel, if any. Providing application (3) The Division must provide a copy of the application to the person who is the subject of the appeal and to the Minister. Response (4) The person who is the subject of the appeal or the Minister may respond to the application in writing. Limitation — response (5) A response must not raise new issues. Length of response (6) A response must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Time limit (7) A response must be received by the Division no later than 10 days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the application. Notification of decision on application (8) The Division must without delay notify the applicant, the person who is the subject of the appeal and the Minister in writing of its decision on the application. Providing documents (9) If the Division allows the application, it must without delay provide the interested person with a copy of the following documents as soon as they are available: (a) the Refugee Protection Division record; (b) the notice of appeal, appellant’s record, notice of intent to respond, respondent’s record, reply record, Minister’s notice of intervention, Minister’s intervention record, if any, Minister’s reply, and Minister’s reply record, if any; and (c) the written submissions of any other interested person and the UNHCR. Limitation — written submissions (10) The interested person’s written submissions must not raise new issues. Length of written submissions (11) The interested person’s written submissions must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Providing written submissions (12) The interested person’s written submissions must first be provided to the person who is the subject of the appeal and to the Minister and then to the Division. Proof written submissions provided (13) The written submissions provided to the Division must be accompanied by proof that they were provided to the person who is the subject of the appeal and to the Minister. Response (14) The person who is the subject of the appeal or the Minister may respond to the written submissions in writing. Limitation — response (15) A response must not raise new issues. Length of response (16) A response must not be more than 30 pages long if typewritten on one side or 15 pages if typewritten on both sides. Providing response (17) The response must first be provided to the interested person, then to the person who is the subject of the appeal or to the Minister, as the case may be, and then to the Division. Proof response provided (18) The response provided to the Division must be accompanied by proof that it was provided to the interested person, and to the person who is the subject of the appeal or to the Minister, as the case may be. Time limit (19) Documents provided under subrules (17) and (18) must be received by their recipients no later than seven days after the day on which the person who is the subject of the appeal or the Minister, as the case may be, receives the interested person’s written submissions.
Abuse of process 47 (1) For the purpose of subsection 168(2) of the Act, withdrawal of an appeal is an abuse of process if withdrawal would likely have a negative effect on the Division’s integrity. If the requirements set out in rule 7 or 13, as the case may be, for deciding an appeal on the basis of the materials provided have not been met, withdrawal is not an abuse of process. Withdrawal on notice (2) If the requirements set out in rule 7 or 13, as the case may be, for deciding an appeal have not been met, an appellant may withdraw an appeal by notifying the Division in writing. Application to withdraw (3) If the requirements set out in rule 7 or 13, as the case may be, for deciding an appeal have been met, an appellant who wants to withdraw an appeal must make an application to the Division in accordance with rule 37.
如果規則 7 或 13 中規定的要求（視情況而定）尚未滿足，則撤回不構成濫用程式。規則 7 中規定的要求是在部長收到上訴人記錄之日起 15 天后，以及《條例》中規定的完善申訴的期限已過。[9] 參見 RAD 規則 7：加拿大難民程式/RAD 規則 第一部分 - 適用於由申訴物件個人提出的申訴的規則#RAD 規則 7：不經進一步通知做出決定 和/或 RAD 規則 13：加拿大難民程式/RAD 規則 第二部分 - 適用於由部長提出的申訴的規則#RAD 規則 13：申訴的處置.
《法案》第 168(2) 條規定，如果認為撤回將構成其規則下的濫用程式，則部門可以拒絕允許申請人從程式中撤回。有關更多背景資訊，請參見關於撤回的難民保護部門規則的評論：加拿大難民程式/難民保護部門規則 59 - 撤回.
Application to reinstate withdrawn appeal 48 (1) An appellant may apply to the Division to reinstate an appeal that was made by the appellant and was withdrawn. Form and content of application (2) The appellant must make the application in accordance with rule 37. If a person who is the subject of an appeal makes the application, they must provide to the Division the original and a copy of the application and include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer. Documents provided to Minister (3) The Division must provide to the Minister, without delay, a copy of an application made by a person who is the subject of an appeal. Factors (4) 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. Factors (5) 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. Subsequent application (6) If the appellant made a previous application to reinstate an appeal 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 an Appeal Application to reopen appeal 49 (1) At any time before the Federal Court has made a final determination in respect of an appeal that has been decided or declared abandoned, the appellant may make an application to the Division to reopen the appeal. Form and content of application (2) The application must be made in accordance with rule 37. If a person who is the subject of an appeal makes the application, they must provide to the Division the original and a copy of the application and include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer. Documents provided to Minister (3) The Division must provide to the Minister, without delay, a copy of an application made by a person who is the subject of an appeal. Allegations against counsel (4) If it is alleged in the application that the person who is the subject of the appeal’s counsel in the proceedings that are the subject of the application provided inadequate representation, (a) the person must first provide a copy of the application to the counsel and then provide the original and a copy of the application to the Division, and (b) the application provided to the Division must be accompanied by proof that a copy was provided to the counsel. Copy of pending application (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. Factor (6) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice. Factors (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 the appellant 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. Subsequent application (8) If the appellant made a previous application to reopen an appeal 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. Other remedies (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 appeals, or dismiss the application.
有關評論，請參見相應的難民保護部門規則：加拿大難民程式/難民保護部門規則 62-63 - 重新開放索賠或申請。另請參見《法案》第 168 條：加拿大難民程式/《移民和難民保護法》第 168 條：放棄程式.
對該規則的解釋與相應的難民保護部門規則相似：加拿大難民程式/難民保護部門規則 62-63 - 重新開放索賠或申請。一個區別在於，在很大程度上基於紙質的難民申訴部門程式中，難民申訴部門認為，完善申訴不能為了收集和翻譯新的證據而推遲，因為《難民申訴部門規則》第 29 條允許申請人在申訴完善後提交新的證據。[10]
Decisions Notice of decision 50 (1) When the Division makes a decision, other than an interlocutory decision, it must provide in writing a notice of decision to the person who is the subject of the appeal, to the Minister and to the Refugee Protection Division. The Division must also provide in writing a notice of decision to the UNHCR and to any interested person, if they provided written submissions in the appeal. Written reasons (2) The Division must provide written reasons for the decision, together with the notice of decision, if a hearing (a) was not held under subsection 110(6) of the Act; or (b) was held under subsection 110(6) of the Act and the decision and reasons were not given orally at the hearing. Request for written reasons (3) A request under paragraph 169(1)(e) of the Act for written reasons for a decision must be made in writing. When decision of single member takes effect 51 (1) A decision, other than an interlocutory decision, made by a single Division member takes effect (a) if made in writing, when the member signs and dates the reasons for the decision; and (b) if given orally at a hearing, when the member states the decision and gives the reasons. When decision of three-member panel takes effect (2) A decision, other than an interlocutory decision, made by a panel of three Division members takes effect (a) if made in writing, when all the members sign and date their reasons for the decision; and (b) if given orally at a hearing, when all the members state their decision and give their reasons.
難民申訴部門可以釋出修正決定；這通常是為了糾正筆誤。請參見以下難民保護部門規則：加拿大難民程式/難民保護部門規則 62-63 - 重新開放索賠或申請#委員會對重新開放已作出的決定有什麼管轄權？.
規則 50(2)(b) 規定，如果難民上訴司舉行聽證會，它可以在聽證會上口頭宣佈決定及其理由，並且這樣做無需提供書面理由。然而，該法案第 169(c) 條規定，難民上訴司的所有決定必須以書面形式作出：加拿大難民程式/決定和理由。在規則的這一規定與該法案之間存在不一致的程度上，該法案第 169 條具有約束力。因此，非中間裁決的難民上訴司決定不得口頭宣佈。該規則中的這一規定似乎反映了該法案的早期版本，該版本允許口頭提供理由，並且在該法案修訂以排除這種情況時沒有更新。然而，它也可以被理解為僅適用於在難民上訴司聽證會上作出的中間裁決。
General Provisions No applicable rule 52 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. Powers of Division 53 The Division may, after giving the parties notice and an opportunity to object, (a) act on its own initiative, without a party having to make an application or request to the Division; (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. Failure to follow rules 54 Unless proceedings are declared invalid by the Division, a failure to follow any requirement of these Rules does not make the proceedings invalid.
- ↑ 加拿大（公民和移民）訴米勒， 2022 FC 1131 (CanLII)，第 72 段，<https://canlii.ca/t/jr5nh#par72>，於 2022 年 8 月 3 日檢索。
- ↑ 阿里塞科拉訴加拿大（公民和移民）， 2019 FC 275 (CanLII)，第 10 段，<https://canlii.ca/t/hxxcj#par10>，於 2022 年 9 月 8 日檢索。
- ↑ 阿里塞科拉訴加拿大（公民和移民）， 2019 FC 275 (CanLII)，第 11 段，<https://canlii.ca/t/hxxcj#par11>，於 2022 年 9 月 8 日檢索。
- ↑ 戈麥斯·古斯曼訴加拿大（公民和移民）， 2022 FC 152 (CanLII)，第 15 段，<https://canlii.ca/t/jm88g#par15>，於 2022 年 9 月 8 日檢索。
- ↑ 戈麥斯·古斯曼訴加拿大（公民和移民）， 2022 FC 152 (CanLII)，第 19 段，<https://canlii.ca/t/jm88g#par19>，於 2022 年 9 月 8 日檢索。
- ↑ a b c 加拿大移民和難民委員會，實踐通知：透過加拿大郵政 epost Connect 向難民上訴司交換檔案， 2020 年 6 月 15 日，<https://irb.gc.ca/en/legal-policy/procedures/Pages/notice-documents-epost-connect.aspx> （於 2022 年 9 月 16 日訪問）。
- ↑ 加拿大移民和難民委員會，關於難民上訴司（RAD）時間限制恢復的實踐通知， 2020 年 6 月 12 日，<https://irb.gc.ca/en/legal-policy/procedures/Pages/rad-business-resumption.aspx> （於 2022 年 9 月 16 日訪問）。
- ↑ 加拿大移民和難民委員會，難民上訴司：關於在 COVID-19 大流行期間暫時放棄提交檔案規則的實踐通知， 修改日期：2024 年 5 月 27 日，<https://www.irb-cisr.gc.ca/en/legal-policy/procedures/Pages/rad-pn-temporary-waiving-submitting-documents.aspx>。
- ↑ X（重審）， 2020 CanLII 93771 (CA IRB)，第 32 段，<https://canlii.ca/t/jbvh7#par32>，於 2024 年 10 月 18 日檢索。
- ↑ 馬蘇德訴加拿大（公民和移民）， 2019 FC 103 (CanLII)，第 8 段，<https://canlii.ca/t/hxlwh#par8>，於 2024 年 3 月 17 日檢索。