html5-img
1 / 28

Refugee Protection Division

Refugee Protection Division. Navigating the Sea of Change – Refugee Lawyers Group CLE 2013. What is new at the RPD after BRRA and PCISA. Time limits set by regulation Hearing date fixed by referring officer Designated Countries of Origin ( DCO ) and Designated Foreign Nationals ( DFN )

shen
Télécharger la présentation

Refugee Protection Division

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Refugee Protection Division Navigating the Sea of Change – Refugee Lawyers Group CLE 2013

  2. What is new at the RPD after BRRA and PCISA Time limits set by regulation Hearing date fixedby referringofficer Designated Countries of Origin (DCO) and Designated Foreign Nationals (DFN) Basis of Claim (BoC) Form replaces the Personal Information Form (PIF) Appeal to the Refugee Appeal Division (RAD) Pre-Removal Risk Assessment (PRRA) functions will be transferred to the RPD 2

  3. Designated Country of Origin (DCO)IRPA, s. 109.1 DCOs designated by the Minister Effects of designation: accelerated hearing date no appeal to the RAD no automatic stay of removal pending judicial review

  4. Designated Foreign National (DFN)IRPA, s. 20.1(2), 55(3.1), and110(2)(a) A person who arrives in Canada as part of a group designated by the Minister as an “irregular arrival”, becomes a “designated foreign national” (DFN) Effects of designation: mandatory detention no appeal to the RAD no automatic stay of removal pending judicial review five-year bar on applications for permanent residence; temporary residence; H&C

  5. Providing documents and information 5

  6. Documents required by the RPD Rules • Basis of Claim Form (BoC Form) – RPD Rules 1, 6, and Schedule 1 • Documents to be attached to the form: – RPD Rule 7(3) • copy of identity and travel documents • copy of any other relevant documents in the claimant’s possession

  7. Date of hearingfixed by officerIRPA, s. 100(4.1); RPD Rule 3 • Division provides dates, times and locations • Officer must • consider counsel’s availability, if claimant has retained counsel and officer has been informed that counsel is available on one of the dates provided • ensure date is within the time limits set out in the Regulations • 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)

  8. Time limits for RPD hearings set out in RegulationsIRPA, ss. 100(4.1) and 111.1(1)(b) and (2) Time limits under the Regulations,s. 159.9: • 30 days Inland claimant from a DCO • 45 days Port of Entry claimant from a DCO • 60 days Claimant from a non-DCO

  9. Timelines Chart of the RPD Process

  10. Officer provides documents to claimantRPD Rule 3(4) • Basis of Claim Form- only for claims at ports of entry • Notices to appear • for hearing of the claim; and • any special hearing on abandonment (for failure to provide BoC Form or to appear for hearing of the claim) • Information in writing about • providing BoC Form and other documents • importance of obtaining relevant evidence without delay • how hearings proceed • need to provide contact information and notify of any changes • right to counsel • possibility of abandonment without further notice for failing to provide BoC Form or failing to appear at hearing

  11. AFTER REFERRAL – PREPARING FOR AN RPD HEARING

  12. Between referral and the hearing • Becoming Counsel of Record • Applications • change date, time or location • extension of time to provide BoC Form • Port of entry claimants – provide BoC Form to RPD • Additional identity or travel documents, documentary evidence

  13. BecomingCounsel of RecordRPD Rule 14 • Counsel becomes counsel of record: • as soon as counsel agrees to a date for a proceeding; or • becoming counsel after a date for a proceeding has been fixed. • Counsel can be retained on a limited retainer

  14. Application to change hearing date or timeRPD Rules 54(4), (6), (7), (8) Application must not be allowed unless there are “exceptional circumstances”, such as accommodating a vulnerable person an emergency or some development outside the party’s control, where the party has acted diligently Medical certificate required if application is made for medical reasons (other than those related to counsel) / explanation of failure to provide medical certificate Exception for where counsel retained within 5 working days … 14

  15. Exception to the requirement for “exceptional circumstances”RPD Rule 54(5) Claimant, • whose date of hearing was fixed before claimant had counsel or dates of counsel’s availability, • obtains counsel and makes an application no later than 5 working days after officer fixes a hearing date, • provides at least 3 dates and times when counsel is available, which are within the time limits set out in the Regulations

  16. Amendments to BoC FormRPD Rule 9 • RPD Rule 9 sets out the modalities for amending the BoC Form • applies to changes and additions • Must be received no later than 10 days before the date fixed for the hearing

  17. ReschedulingRPD Rules 54(2) and (11) • Application must include three dates and times, which are no later than ten (10) working days after the date originally fixed, on which the party is available to proceed (RPD Rule 54(2)(c)) • If application allowed, new date must be no later than ten (10) working days after the date originally fixed or as soon as possible thereafter (RPD Rule 54(11))

  18. Extension of time to provide BoC FormRegulations, s. 159.8(3);RPD Rule 8 • Extension only if required “for reasons of fairness and natural justice” • RPD Rule 8 sets out the modalities • application must be made no later than three working days before expiry of the time limit • medical certificate required if application is made for medical reasons (other than those related to counsel) / explanation of failure to provide medical certificate

  19. Abandonment – failure to provide BoC FormIRPA, s. 168(1); RPD Rules 3(4)(a)(ii), 65(2) • Claimant who fails to provide information required by the Division is in default in the proceedings • Officer at the PoE will have given claimant the notice to appear for a special hearing (show-cause hearing) on abandonment

  20. Reopening an abandonment decisionIRPA, s. 170.2; RPD Rule 62(6) • RPD has no jurisdiction to reopen on any ground — including a failure to observe a principle of natural justice — if Federal Court or RAD has made a final determination • RPD must not allow an application to reopen unless a failure to observe a principle of natural justice is established

  21. Disclosure of EvidenceRPD Rule 34 • If a party wants to use a document in a hearing, it must be provided to the Division and any other party • 10 days before the date fixed for the hearing; or • 5 days before the date fixed for the hearing if the document is provided to respond to another document provided by a party or the Division

  22. RPD HEARING

  23. Intervention by the MinisterRPD Rule 29 • When the Minister intervenes • notice of intervention to be provided no later than 10 days before the date fixed for the hearing • hearing becomes adversarial • New RPD Rule 27: • notice to Minister of possible integrity issues

  24. Decisions and ReasonsIRPA, ss. 107, 107.1; RPD Rules 67 and 68 • RPD may allow or reject a refugee claim • If the claim is rejected, RPD must state that the claim: • hasno crediblebasis, if there is no credible or trustworthy evidence on which it could have been accepted (IRPA, s. 107(2)); • is manifestly unfounded, if the claim is clearly fraudulent (new provision: IRPA, s. 107.1) • Decisions take effect in accordance with the RPD Rules

  25. Abandonment for failure to appear at RPD hearingIRPA, s. 168(1); RPD Rules 65(3), (4), (8) • Claimant who fails to appear for the hearing is in default in the proceedings • Officer at the PoE will have given the claimant the notice to appear for a special hearing (show-cause hearing) on abandonment • If claim is not declared abandoned, claimant must be prepared to proceed with the hearing that same day

  26. Reopening: decision on a claim or abandonment decision IRPA, s. 170.2; RPD Rule 62(6) • RPD has no jurisdiction to reopen on any ground — including a failure to observe a principle of natural justice — a claim or an application in respect of which the RAD or the Federal Court has made a final determination • RPD must not allow an application to reopen unless a failure to observe a principle of natural justice is established.

  27. APPEALS andJUDICIAL REVIEW

  28. Judicial review by Federal CourtIRPA, s. 72 • PCISA does not affect any party’s right to seek leave for judicial review at the Federal Court • However, if a party has a right of appeal to RAD, no application for judicial review may be made until after the right of appeal has been exhausted

More Related