Purpose
This practice notice aims to balance the Refugee Appeal Division's (RAD, the division) duty to decide appeals informally and quickly with the Minister's right to notice of material changes in appeals to which the Minister is not yet a party (Canada (Citizenship and Immigration) v. Miller, 2022 FC 1131). This practice notice does not create additional requirements for parties.
Application
This practice notice applies only in appeals to which the the Minister is not yet a party to the proceedings as defined in Rule 1 of the
RAD Rules (Rules).
Disclosing documents to the Minister
From the date of this practice notice, the division will provide to the Minister all evidence and written submissions that it receives from the refugee appellant following the perfection of the appeal, whether or not in response to any notice or request from the
RAD.
These documents will be forwarded upon receipt, without any assessment of their admissibility or impact on the appeal in question.
Minister's response
Where the division provides documents to the Minister under this practice notice, the Minister will be provided with 10 days to respond.
To respond to documents provided under this practice notice, the Minister must file a written notice of intervention under
RAD Rule 4(1). Any reply made to the Minister's intervention must be made under
RAD Rule 5.
Authority
Section 165 of the
Immigration and Refugee Protection Act provides that the
RAD may do whatever is necessary for a full and proper hearing. In addition, in the absence of a provision in the
RAD Rules dealing with a matter raised during the proceeding,
RAD Rule 52 allows the division to do whatever is necessary to deal with the matter.
RAD Rule 53 allows the
RAD to change a requirement of a rule.
Effective Date
This practice notice comes into force on March 1, 2023.
Signed on February 27, 2023
Paula Thompson
Deputy Chairperson,
RAD