Practice Notice: RPD and RAD Processing for Individuals Applying under Government of Canada Public Policies

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1. Introduction

When the Practice Notice on RPD and RAD Processing for Individuals Applying Under Government of Canada Public Policies first came into force on December 14, 2020, it applied in relation to two Canadian policies concerning healthcare workers (health care public policies).Footnote 1 It was later updated to include a third public policy related to recent air disasters: the Temporary Public Policy to Facilitate Permanent Residence for in-Canada Families of Canadian Victims of Recent Air Disasters (air disaster public policy).Footnote 2 This practice notice is being updated to reflect Immigration, Refugees and Citizenship Canada's (IRCC) temporary public policies to facilitate Permanent residence for families of victims PS752.Footnote 3 These public policies are referred to collectively in this practice notice as “the public policies”.

This practice notice sets out how and when the Refugee Protection Division (RPD) and the Refugee Appeal Division (RAD) of the Immigration and Refugee Board of Canada (IRB) schedule and hear refugee claims and appeals for those individuals who have made applications under these public policies.

2. Authority

This practice notice is issued pursuant to paragraph 159(1)(f) and section 165 of the Immigration and Refugee Protection ActFootnote 4 (IRPA) which provides that the Chairperson fixes the place, date and time of proceedings for each division, and that the RPD and the RAD may do whatever is necessary for a full and proper hearing. Subsection 159.91(2) of the Immigration and Refugee Protection RegulationsFootnote 5 provides that the RAD may extend the time for filing or perfecting an appeal by the number of days necessary for reasons of fairness and natural justice, and RAD Rule 53 allows the RAD to change a requirement of a rule.

3. Effective date

This updated practice notice comes into force on the date it is signed. It applies to all relevant claims or appeals described in this practice notice filed before or after the effective date. It replaces the previous practice notice which came into force on June 14, 2021.

For the IRB to process claims and appeals of individuals who have applied to IRCC under one of the public policies at the same time as IRCC is processing their applications under the public policies would result in an inefficient use of resources and a duplication of effort, and require those individuals to spend time and money pursuing two avenues to obtaining status in Canada.

These claims and appeals are to be on hold pending the outcome of the application under the public policies.

4. Application

4.1 Refugee Protection Division

4.1.1 Processing stopped on notice from IRCC, if no substantive evidence has been accepted at a hearing

Upon notification by IRCC that a refugee claimant has made an application under one of the public policies (the application), the RPD will, subject to the exceptions below related to Article 1F of the Refugee Convention and sections 107(1) and 107.1 of the IRPA, stop processing that claim pending the outcome of the application and will cancel any hearing if one had been scheduled. This includes claims that were returned to the RPD by the RAD or the Federal Court for redetermination.

The RPD will send a notice to the claimant informing them that it has put their claim on hold. Where a claimant's hearing is scheduled to be held within 35 days after the claimant has made the application under one of the public policies and IRCC has not yet provided notice to the RPD, the RPD will cancel the hearing on application of the claimant if the claimant files proof they made the application under one of the public policies.

The RPD will not put a claim on hold or will remove a previous hold where the Minister intervenes arguing that:

  1. the claimant should be excluded under Article 1F of the Refugee Convention; or
  2. the claim has no credible basis or is manifestly unfounded

This exception is because these issues relate to eligibility requirements for permanent resident status under the public policies. The exception applies to the claim that is subject to the intervention and any joined claims.

4.1.2 Processing continues if substantive evidence has been accepted

The hearing will proceed, and a decision will be issued in claims where a hearing was started and substantive evidence was accepted prior to the RPD being notified by IRCC that an application was made.

4.1.3 Withdrawal of claim after acceptance under the temporary public policies

IRCC requires applicants, including their in-Canada family members, who meet all of the eligibility criteria under the public policies to withdraw their refugee claims as a final condition before being granted permanent residence. IRCC notifies successful applicants of this requirement in writing prior to the granting of permanent residence.

Rule 59(2) of the Refugee Protection Division Rules (RPD RulesFootnote 6) sets out the procedures for the withdrawal of a claim where no substantive evidence has been accepted. This must be done using the Notice of withdrawal of a claim for refugee protection form. (PDF, 185 KB).

The RPD will provide an acknowledgement of the withdrawal to the claimant and to IRCC. This will terminate the refugee claim.

4.1.4 Resumption of processing

When the RPD receives notice from IRCC that the application under one of the public policies was refused or withdrawn, the RPD resumes processing that claim.

4.2 Refugee Appeal Division

4.2.1 Appeals in progress

4.2.1.1 Processing stopped on notice from IRCC, if no substantive work has begun

Upon notification by IRCC that a refugee appellant who has filed and perfected their appeal at the RAD has made an application under one of the public policies, the RAD will, subject to the exceptions below related to Article 1F of the Refugee Convention and sections 107(1) and 107.1 of the IRPA stop processing the appeal pending the outcome of the application. This includes appeals that were returned to the RAD by the Federal Court for redetermination.

The RAD will stop processing the appeal upon notification by IRCC. The RAD will send a notice to the appellant confirming it has put an appeal on hold.

The RAD will not put an appeal on hold or will remove a previous hold where:

  1. the Minister intervenes at the RPD or the RAD arguing that the person who is subject of the appeal should be excluded under Article 1F of the Refugee Convention; or
  2. the Minister intervened at the RPD arguing that the claim has no credible basis or is manifestly unfounded

This exception is because these issues relate to eligibility requirements for permanent resident status under the public policies. The exception applies to the appeal that is subject to the intervention and any joined appeals.

4.2.1.2 Processing continues if substantive work has begun

This hold does not apply where, in the opinion of the RAD, substantive work has begun on the appeal before the RAD was notified by IRCC or the appellant that an application was made. Appellants will be informed if their appeal is proceeding.

4.2.1.3 Withdrawal of appeal after acceptance under the temporary public policies

IRCC requires applicants, including their in-Canada family members, who meet all eligibility criteria under one of the public policies, to withdraw their refugee appeals as a final condition before being granted permanent residence. IRCC will notify successful applicants of this requirement in writing prior to the granting of permanent residence.

Rule 47 of the RAD RulesFootnote 7 sets out the procedures regarding withdrawal of an appeal. The RAD waives the requirements of Rule 47(3) for all appellants who have been notified in writing by IRCC of the obligation to withdraw their appeals, so that all appellants who are successful under one of the public policies may withdraw their appeals by notifying the RAD in writing, without the requirement for a formal application in accordance with Rule 37. This can be done by notifying the RAD of the withdrawal using the Notification of withdrawal of an appeal form. (PDF, 130 KB)

The RAD will provide notice to the appellant and to IRCC that the withdrawal has been accepted. This will terminate the appeal.

4.2.1.4 Resumption of processing

If the RAD receives notice from IRCC that the application under one of the public policies was refused or withdrawn, the RAD will resume processing that appeal.

4.2.2 Appeals not yet filed or perfected

Refugee claimants whose claims are rejected by the RPD (unsuccessful claimants) normally have to file their appeal within 15 days after they receive written reasons of the RPD. They normally have to perfect their appeal within 30 days after receiving the RPD decision (extended to 45 days as per the Practice notice extending time limit for perfecting an appeal).

4.2.2.1 Extension of time limits

The RAD extends the time limits for filing and perfecting an appeal for:

  1. Unsuccessful claimants whose application under the health care public policies is rejected or withdrawn:
    1. if their refugee claim was rejected after December 14, 2020 (the date the initial practice notice came into force); or
    2. if their refugee claim was rejected and the time limits for filing or perfecting their appeal had not expired on December 14, 2020
  2. Unsuccessful claimants whose application under the air disaster public policy is rejected or withdrawn:
    1. if their refugee claim was rejected on or after May 12, 2021; or
    2. if their refugee claim was rejected and the time limits for filing or perfecting their appeal had not expired on May 12, 2021
  3. Unsuccessful claimants whose application under the public policies to Facilitate Permanent Residence for Families of Victims PS752 is rejected or withdrawn:
    1. if their refugee claim was rejected on or after March 5, 2025; or
    2. if their refugee claim was rejected and the time limits for filing or perfecting their appeal had not expired on March 5, 2025

The time limits to file and perfect an appeal for the above three categories are extended as follows:

  1. the Notice of Appeal is due 15 days after the application is withdrawn or notification is received by the unsuccessful claimant that their application has been rejected
  2. the perfected record is due within 30 days after receiving the RPD decision (extended to 45 days as per the Practice notice extending time limit for perfecting an appeal)

When filing their Notice of Appeal or Appellant's Record, appellants who wish to take advantage of these extended time limits must file evidence indicating when they were notified that their application under the applicable public policy was rejected or when it was withdrawn. This may be a copy of the decision from IRCC along with a statement from the appellant indicating when it was received, or, in the case of withdrawal, a copy of the correspondence withdrawing the application.

Signed on March 5, 2025.

Roula Eatrides
Deputy Chairperson
Refugee Protection Division

Suzanne Gilbert
Deputy Chairperson
Refugee Appeal Division

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