Instructions for Gathering and Disclosing Information for Refugee Appeal Division Proceedings

1. Minister's Information

1. 1.1 IRCC and CBSA officers routinely provide Minister's information to the RPD, which is included in the RPD record provided to the RAD for the appeal proceeding.
2. 1.2 Where the Minister is a party, the Minister is responsible for providing documentary evidence that the Minister wants to rely on in the appeal in conformity with the IRPA and the RAD Rules.
3. 1.3 If there is information that the Minister has not provided to the RPD, but the RAD believes that it may be required to resolve the appeal, the assigned member:
   1. i. may request the information under the procedures agreed upon between the IRB and IRCC or CBSA (e.g. information from Canadian visa offices regarding Canadian visa applications made by the person who is the subject of the appeal);
      or
   2. ii. may instruct the RAD Registry to obtain the information under the procedures agreed upon between the IRB and IRCC or CBSA.

2. Country-of-origin Information

1. 2.1 General rules. Country documentation contained in the National Documentation Packages (NDPs) produced by the RD may be disclosed by providing the parties with a list of those documents or directions as to where those documents can be found on the IRB website. If the assigned member identifies for use in the appeal COI supplemental to that contained in the NDPs included in the RPD record, such COI will be disclosed to the parties by the RAD Registry.
2. 2.2 Additional relevant country-of-origin information. The assigned member may decide to obtain additional COI other than that provided by the parties or included in the RPD record. The assigned member will use an IRF when submitting a request for additional COI to the RD. In making such a request, the assigned member will take into consideration whether the information is relevant to a determinative issue in the appeal and, with the assistance of the RD, will take into consideration the likelihood of obtaining new or conclusive information and whether the information can be obtained in a timely manner.
3. 2.3 Proviso. If it is not clear whether the information to be obtained is COI or specific information about the person who is the subject of the appeal, the procedures set out in section 3 below will apply.

3. Specific Information

1. 3.1 Request for specific information. The assigned member makes the decision to obtain specific information about the person who is the subject of the appeal to resolve an issue central to the appeal.
2. 3.2 Factors to consider before deciding to gather information. The assigned member must consider whether:
1. i. the information is needed to resolve an issue central to the appeal;
2. ii. it is likely that the information can be acquired;
3. iii. obtaining the information will not unreasonably delay the proceedings;
4. iv. there is no serious possibility that the life, liberty or security of the person who is the subject of the appeal or any other person would be endangered through the gathering of the information (i.e. "risk assessment"); and
5. v. the method for gathering the information complies with the Privacy Act^{Note 6}.
3. 3.3 Acquisition of Information Form. Where specific information about the person who is the subject of the appeal is required, the assigned member will prepare an AIF.

   Where appropriate, the assigned member will seek the assistance of the RD in:

1. i. estimating the time required for obtaining the information;
2. ii. identifying potential sources and methods for gathering the information; and
3. iii. assessing the likelihood of obtaining the information.

The assigned member will make sure that the AIF includes the following:

4. i. a description of the information required;
5. ii. the specific source(s) to approach for the information, if known;
6. iii. the purpose and method for gathering the information; and
7. iv. the time required to obtain the information.
4. 3.4 Consulting the parties and obtaining consent from the person who is the subject of the appeal. When the assigned member decides to proceed with an AIF, the RAD Registry will be instructed to:
   1. i. immediately provide a copy of the AIF to the parties and invite them to comment on it. Comments on the AIF must be submitted to the RAD Registry in writing, within five working days of receipt of the copy of the AIF, with proof that copies of a party's comments were sent to any other party; and
   2. ii. include with the AIF the Consent to Release Personal Information form identifying the sources of information (such consent is provided by completing the Consent to Release Personal Information form on page 3 of the AIF).

   While the source of the information may not require in every case a signed consent form from the person who is the subject of the appeal to provide information about that person, it is advised that the assigned member obtain from the person who is the subject of the appeal their signed Consent to Release Personal Information form in order to prevent any undue delays in obtaining the requested information.

   If the person who is the subject of the appeal does not sign the Consent to Release Personal Information form, the assigned member may proceed with the AIF. However, they must consider the factors identified in subsection 3.2, in particular the risk factors.

5. 3.5 Final review of the AIF following comments. Once the period for receiving comments has elapsed, the assigned member will proceed with a final review of the AIF by:
1. i. considering any comments from the parties, and revising the AIF if appropriate;
2. ii. reviewing the AIF to ensure that the factors under subsection 3.2 have been met, and note this on the form; and
3. iii. instructing the RAD Registry to send by email the AIF to the RD for action and provide a copy of the AIF to the parties for their information.
6. 3.6 Cancelling an AIF after the parties have been consulted. If the assigned member determines that the factors under subsection 3.2 are not met, or decides for some other reason not to gather the information, this decision is noted on the AIF and the RAD Registry is instructed to provide a copy of the completed form to the parties without delay.
7. 3.7 Proceeding with an AIF notwithstanding the comments of the parties or without a signed Consent to Release Personal Information form. The assigned member, after reviewing the comments to the AIF, may alter the AIF according to the suggestions of the parties or proceed without making any changes. The factors under subsection 3.2, in particular the risk assessment described in paragraph iv, must be taken into consideration when deciding to proceed without making changes or if the person who is the subject of the appeal has not signed the Consent to Release Personal Information form.

The RD can only process the AIF without a signed Consent to Release Personal Information form if the identified source of the information has not previously informed the RD that such consent is required to release personal information.

However, some identified sources of information will require a signed consent form. For example, a signed Consent to Release Personal Information form is required for verifying the immigration status of a person who is the subject of the appeal in any country. Furthermore, many government institutions, agencies and some non‑governmental organizations require a signed consent form before releasing personal information. If the identified source of information requires a signed consent form from the person who is the subject of the appeal and no signed Consent to Release Personal Information form is received within 20 days, the AIF will be cancelled by the RD and the assigned member will be informed of this action.

8. 3.8 Agreement regarding the exchange of information with another organization. If the IRB has entered into a written agreement regarding the disclosure and exchange of information for use in determining claims for refugee protection with a federal or provincial department or agency, foreign government, or international governmental or non-governmental agency, the assigned member may, in the absence of evidence to the contrary, presume that:
1. i. it is likely that the information can be obtained; and
2. ii. there is no serious possibility that the life, liberty or security of the person who is the subject of the appeal or any other person would be endangered through the gathering of the information.
9. 3.9 Receipt of the AIF results. Once the specific information about the person who is the subject of the appeal is received, the RAD Registry will provide a copy of the information to the parties without delay, and invite them to provide any written submissions on it by a date set by the assigned member. Each party will be required to provide a copy of their submissions to any other party.

If there are indications that the specific information received might, if released to the parties, lead to a serious possibility that the life, liberty or security of the person who is the subject of the appeal or any other person being endangered, the assigned member will review the information and decide if it can be released to the parties.

10. 3.10 Anticipated response time. Should the response to the request for specific information about the person who is the subject of the appeal not be received within the anticipated response time, the assigned member will reassess the value of the requested information. Following instructions by the assigned member, if applicable, the RAD Registry will inform the parties and the RD of any decision to cancel the specific information request.

4. Change in the Process on Agreement among the Parties

1. 4.1 The process set out in section 3 may be changed upon agreement among the parties; however, all of the factors set out in subsection 3.2 with respect to the gathering of specific information about the person who is the subject of the appeal must be satisfied in all cases.

5. Forensic Verification of Documents

1. 5.1 Where the assigned member forms the opinion that forensic verification is necessary, the assigned member may direct the RAD Registry to send the document to the RCMP Forensic Laboratory Services for verification.
2. 5.2 Where the IRB has the original of a document to be verified, the RAD Registry will send it to the RCMP Forensic Laboratory Services. Where IRCC or CBSA has the original of a document to be verified, the RAD Registry will request a verification of the original document in writing to IRCC or CBSA as appropriate and the written results. The RAD Registry will provide a copy of the request for verification to the parties without delay. Where the person who is the subject of the appeal has the original of the document to be verified, the RAD Registry will request the person who is the subject of the appeal to provide the original to the RAD. Once received, the RAD Registry will send it to the RCMP Forensic Laboratory Services.

The RAD Registry will provide a copy of the report received from the RCMP Forensic Laboratory Services, IRCC or CBSA to the parties without delay, and invite them to make submissions on the report, in writing, to the Registry by a date set by the assigned member.

6. Biometric Information

1. 6.1 Biometric information is the use of biologically-based data such as fingerprints, photographs or iris scans that identify a person. Biometric identification is the automated identification of individuals through the matching of one or more of these unique features with a previously obtained sample of the same data. For the purpose of the IRB, biometrics is the result of the biometric identification process. It does not include the data per se such as the actual fingerprints, but rather the results of the information matches, if any. IRCC or other government agencies may from time to time enter into agreements with specific foreign countries regarding the sharing of biometric information.
2. 6.2 The IRB is not involved in selecting cases for biometric processing or the processing of fingerprints or sharing biometric data with foreign countries. When the Minister shares biometric information with the IRB, received pursuant to these agreements, it is sent to the RD for processing.
3. 6.3 The RD provides biometric information received from IRCC to the relevant RAD Registry which in turn discloses the information to the parties.

F. Enquiries

For information, contact:

Policy and Procedures Directorate
Policy, Planning and Corporate Affairs Branch
Immigration and Refugee Board of Canada
Canada Building (Minto Place)
344 Slater Street
Ottawa, Ontario K1A 0K1

Available in English and French on the IRB's Internet site: www.irb-cisr.gc.ca
Disponible en anglais et en français sur le site Internet de la CISR : www.cisr-irb.gc.ca

G. Approval