Adjudication Division Rules

The Immigration and Refugee Board (the ‘Board’) in terms of Rules 3 and 4 can establish one or more offices where the Adjudication Division conducts its activities. Each such office is called a Registry. Each Registry will be headed by a Registrar.

 

According to Rule 5, if an enquiry is to be held under the provisions of the Act, the Senior Immigration Officer will set the motion in process. He will forward to the Adjudication Division a request for enquiry, furnishing therein the information warranted by Rule 5. 

 

Rule 6 permits the Adjudication Division to order two or more enquiries to be held jointly if it believes that such a move will not affect the interests of any of the parties involved in the enquiries. 

 

Enquiries in respect of the legal or de facto spouse, dependent children, father, mother, brothers or sisters of the person concerned will be held jointly. However, there is an exception to this rule -- on application by a party, or on the adjudicator's own motion at the time of the inquiry, the adjudicator may order that the inquiries be held separately, if he believes that holding hearings jointly is likely to cause injustice to any party.

 

Rule 7 permits change of venue of hearing. The party that seeks change of venue should apply in accordance with Rule 19 to the Adjudication Division. Supporting facts should accompany the application. The Adjudication Division will grant the application if it is convinced that the change of venue will not affect its operations. 

 

Rule 8 permits the parties involved to seek postponement of the hearing, before its commencement. It also permits the parties involved to seek adjournment of the hearing, before its resumption. The application should conform to Rule 19 and submitted to the Adjudication Division in both the cases. If the application is rejected, the party concerned can reapply orally at the commencement or resumption of the hearing, as the case may be. The Adjudication Division will decide on the application in line with the provisions of Rule 8. 

 

Rule 9 requires the Adjudication Division to furnish certain items of information when it serves a notice on a party to appear before it at a conference or hearing. It particular, it should notify that the person concerned could be arrested for failing to appear at the date, time and place set for the conference or hearing.

 

Rules 10 and 11 permit the person concerned to choose the language in which the conference or hearing has to be conducted. They also permit the party concerned to request the Adjudication Division to spare the services of an interpreter. 

 

If the person concerned is in custody, the Adjudication Division may order the officer concerned to produce the person concerned at the conference or hearing, in terms of Rule 18.

 

If an application not permitted by the Rules, it should be made by the party concerned to the Adjudication Division by motion. Rule 20 explains the documents that should accompany the motion.

 

Section 21 explains how, at the conclusion of the enquiry, the Adjudicator should convey his decision to the party concerned

 

Rule 24(3) lays down that all documents submitted in the course of any proceeding under the Rules in a language other than English or French should be accompanied by a translation in English or French that is certified to be correct, unless the Adjudication Division decides that a translation is not necessary to provide for a full and proper hearing.

 

The Adjudication Division may, on application by a party made in accordance with rule 19 either before or after a time limit set out in the Rules has expired, reduce or extend the time limit, in order to provide for a full and proper hearing.

 

Rules 26 and 27 provide that where any matter that is not provided for in the Rules arises in the course of any proceeding, the Adjudication Division may take whatever measures are necessary to provide for a full and proper hearing. Where a party does not comply with any of the Rules, the Adjudication Division, on an application made by the party in accordance with rule 19, may permit the party to remedy the non-compliance or waive the requirement, if it is satisfied that no injustice is thereby likely to be caused to any party or the proceeding will not be unreasonably impeded.

Where, pursuant to subsection 103(6) of the Act, a person concerned must be produced before an adjudicator for a review of the reasons for the continued detention of the person concerned, a senior immigration officer should furnish to the Adjudication Division forthwith the information laid down in Rule 28.

 

If the person concerned wishes to be brought before the adjudicator for a review of the reasons for detention pursuant to subsection 103(6) of the Act, Rule 29 permits him to accordingly apply to the Adjudication Division in accordance with rule 19.

 

Rule 30 lays down that Rule 7 and the time limits referred to in Rules 10 and 11 do not apply in respect of the review of the reasons for detention covered by Rules 28 or 29.

 

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