Important Instructions Concerning your Appellant's Record to the Refugee Appeal Division of the IRB

The purpose of this form is to assist you in preparing your appellant's record and perfecting your appeal in accordance with subrule 3(3) of the Refugee Appeal Division Rules.Note 1

You must provide two (2) copies of the appellant's record to the Refugee Appeal Division (RAD).Note 2

The appellant's record must be received by the RAD within thirty (30) days after the day on which the appellant receives the Refugee Protection Division's written reasons for the decision.Note 3

The appellant's record must contain the following documents, on consecutively numbered pages, in the following order:Note 4

  1. the notice of decision and written reasons for the Refugee Protection Division's decision that the appellant is appealing;
  2. all or part of the transcript of the Refugee Protection Division hearing if the appellant wants to rely on the transcript in the appeal, together with a declaration, signed by the transcriber, that includes the transcriber's name and a statement that the transcript is accurate;
  3. any documents that the Refugee Protection Division refused to accept as evidence, during or after the hearing, if the appellant wants to rely on the documents in the appeal;
  4. written statement indicating:

    (i) whether the appellant is relying on any evidence referred to in subsection 110(4) of the Act,Note 5
    (ii) whether the appellant is requesting that a hearing be held under subsection 110(6) of the Act, and if they are requesting a hearing, whether they are making an application under rule 66 to change the location of the hearing, and,Note 6
    (iii) the language and dialect, if any, to be interpreted, if the Division decides that a hearing is necessary and the appellant needs an interpreter;Note 7

  5. any documentary evidence that the appellant wants to rely on in the appeal;Note 8
  6. any law, case law or other legal authority that the appellant wants to rely on in the appeal; and
  7. a memorandum that includes full and detailed submissions regarding

    (i) the errors that are the grounds of the appeal,
    (ii) where the errors are located in the written reasons for the Refugee Protection Division's decision that the appellant is appealing or in the transcript or in any audio or other electronic recording of the Refugee Protection Division hearing,
    (iii) how any documentary evidence referred to in paragraph (e) meets the requirements of subsection 110(4) of the Act and how that evidence relates to the appellant,
    (iv) the decision the appellant wants the Division to make, and
    (v) why the Division should hold a hearing under subsection 110(6) of the Act if the appellant is requesting that a hearing be held.

 

For more information, please see the Appellant's Guide and refer to the IRB's website at www.irb-cisr.gc.ca

Notes

Note 1

Refugee Appeal Division Rules, SOR/2012-257

Return to note 1 referrer

Note 2

Subrule 3(1) of the Refugee Appeal Division Rules (RAD Rules).

Return to note 2 referrer

Note 3

Subrule 3(5) of the RAD Rules and paragraph 159.91(1)(b) of the Immigration and Refugee Protection Regulations, SOR/2002-227.

Return to note 3 referrer

Note 4

Subrule 3(3) of the RAD Rules.

Return to note 4 referrer

Note 5

See Written Statement Concerning New Evidence at the RAD (Rule 3(3)(d)(i) of the RAD Rules.

Return to note 5 referrer

Note 6

See Written Statement Concerning the Hearing at the RAD (Rule 3(3)(d)(ii) and (iii) of the RAD Rules.

Return to note 6 referrer

Note 7

See Written Statement Concerning the Hearing at the RAD (Rule 3(3)(d)(ii) and (iii) of the RAD Rules.

Return to note 7 referrer

Note 8

All evidence that the RPD accepted as evidence is part of the RPD record and will be provided to the RAD by the RPD under rule 21 of the RAD Rules. Therefore, you do not have to include this evidence in your appellant's record.

Return to note 8 referrer