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Appellant's Record Form
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IRB/CISR 3005 (09/18)
APPELLANT'S RECORD PURSUANT TO RULE 3
OF THE REFUGEE APPEAL DIVISION RULES
Appellant(s) Name(s)
RAD File Number RPD File Number
Unique Client
Identifier
If you need more space, use additional sheets of paper the same size as this form.
Date Stamp
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Appellant's Record Form
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IRB/CISR 3005 (09/18)
TABLE OF CONTENTS
APPELLANT'S RECORD
Rule 3(3)(a) to (g) of the Refugee Appeal Division Rules (RAD Rules)
The Appellant's record contains the following documents:
Page
(a) all or part of the transcript of the RPD 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;
(b) any documents that the RPD refused to accept as evidence, during or after the
hearing, if the Appellant wants to rely on the documents in the appeal;
(c) a written statement indicating
i)
whether the Appellant is relying on any evidence referred to in
section 110(4) of the Immigration and Refugee Protection Act (IRPA),
1
ii)
whether the Appellant is requesting that a hearing be held
under section 110(6) of the IRPA, and if they are requesting a hearing,
whether they are making an application under rule 66 of the RAD Rules
to change the location of the hearing, and
iii)
the language and dialect, if any, to be interpreted, if the RAD decides
that a hearing is necessary and the Appellant needs an interpreter;
2
(d) any documentary evidence that the Appellant wants to rely on in the appeal;
(e) any law, case law or other legal authority that the Appellant wants to rely on
in the appeal; and
(f) a memorandum that includes full and detailed submissions in accordance
with rule 3(3)(g) of the RAD Rules.
1
See the form entitled Written Statement Concerning New Evidence at the RAD (Rule 3(3)(d)(i) of the RAD Rules).
2
See the form entitled Written Statement Concerning the Hearing at the RAD (Rules 3(3)(d)(ii) and (iii) of the RAD
Rules).
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Written Statement Concerning New Evidence at the RAD
(Rule 3(3)(d)(i) of the RAD Rules)
1. My name is _______________________________________________.
2. I am the appellant/one of the appellants in the appeal before the Refugee Appeal Division bearing number
___________________________________________.
3. I am presenting evidence referred to in section 110(4) of the Immigration and Refugee Protection Act (IRPA).
4. The evidence I am presenting is :
_____________________________________________
Name of the evidence
5. I explain in my Memorandum, at page ____, how this evidence meets the requirements of subsection
110(4)
1
of the IRPA and how that evidence relates to the appellant(s).
1
Section 110 of the IRPA reads as follows: On appeal, the person who is the subject of the appeal may present only evidence that arose
after the rejection of their claim or that was not reasonably available, or that the person could not reasonably have been expected in
the circumstances to have presented, at the time of the rejection.
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Appellant's Record Form
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IRB/CISR 3005 (09/18)
Written Statement Concerning the Hearing at the RAD
(Rule 3(3)(d)(ii) and (iii) of the RAD Rules)
1. My name is _______________________________________________________.
2. I am the appellant/ one of the appellants in the appeal at the Refugee Appeal Division (RAD) bearing
number_____________________________________________.
3. I am presenting evidence referred to in subsection 110(4)
1
of the Immigration and Refugee Protection Act
(IRPA).
4. I am requesting that a hearing be held under subsection 110(6)
2
of the IRPA.
5. I am making an application under Rule 66 of the Refugee Appeal Division Rules to change the lo
location of the hearing.
I am not making an application to change the location of the hearing.
6. I am requesting an interpreter in the ________________________________ language, and in the
_________________________________ dialect, if any, for the purpose of the hearing.
7. I am requesting that the hearing be held in English.
I am requesting that the hearing be held in French.
8. I explain in my Memorandum, at page ____, why the Division should hold a hearing under subsection
110(6)
2
of the IRPA.
1
Section 110(4) of the IRPA reads as follows: On appeal, the person who is the subject of the appeal may present only evidence that
arose after the rejection of their claim or that was not reasonably available, or that the person could not reasonably have been expected
in the circumstances to have presented, at the time of the rejection.
2
Section 110(6) of the IRPA reads as follows: The Refugee Appeal Division may hold a hearing if, in its opinion, there is documentary
evidence referred to in subsection (3)
(a) that raises a serious issue with respect to the credibility of the person who is the subject of the appeal;
(b) that is central to the decision with respect to the refugee protection claim; and
(c) that, if accepted, would justify allowing or rejecting the refugee protection claim.
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Appellant's Record Form
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APPELLANT'S MEMORANDUM
TO THE REFUGEE APPEAL DIVISION OF
THE IMMIGRATION AND REFUGEE BOARD OF CANADA
Rule 3 (3)(g) of the
Refugee Appeal Division Rules
(
RAD Rules
)
Note:
The Appellant's memorandum is part of the Appellant's record which must be received by the
Refugee
Appeal Division (RAD) within 30 days after the day on which the Appellant receives the
Refugee
Protection Division's (RPD) written reasons for the decision.
1
The Appellant's memorandum must not be more than 30 pages long if typewritten on one side or
15 pages if typewritten on both sides.
2
Indicate the Appellant's name and that of any other person making an appeal whose claim for refugee
protection was joined to the Appellant's claim for refugee protection.
Appellant(s) Name(s)
RAD File Number RPD File Number
Unique Client
Identifier
If you need more space, use additional sheets of paper the same size as this form.
1
Rule 3(5) of the RAD Rules, SOR/2012-257 and section 159.91(1)(b) of the Immigration and Refugee Protection Regulations,
SOR/2002-227.
2
Rule 3(4) of the RAD Rules, SOR/2012-257.
SECTION I: INFORMATION ABOUT YOU AND YOUR APPEAL TO THE RAD
1.1 Information on the Appellant(s).
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Date of the RPD Notice of Decision
Date written RPD reasons were received
Date of providing the Notice of Appeal to the RAD
Date of providing the Appellant's record to the RAD
If you need more space, use additional sheets of paper the same size as this form.
1.2 Information on the RPD decision and the RAD appeal.
SECTION II: SUBMISSIONS
2.1 Explain what are the errors that are the grounds of the appeal.
Provide full and detailed submissions regarding each error.
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Indicate where are located the errors that are the grounds of the appeal.
In the RPD written reasons
Page(s) number(s)
Paragraph(s) number(s)
Line(s) number(s)
In the transcript of the RPD hearing
Page(s) number(s)
Paragraph(s) number(s)
Line(s) number(s)
In any audio or electronic recording of the RPD hearing
Number
Track
Number
Start time
(specify hours and
minutes)
End time
(specify hours and
minutes)
Length of excerpt
(specify hours and minutes)
If you need more space, use additional sheets of paper the same size as this form.
2.2 Where are located the errors that are the grounds of the appeal?
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List evidence and provide full and detailed submissions regarding the information required. For your
information, section 110(4) of the IRPA states the following: On appeal, the person who is the subject of the
appeal may present only evidence that arose after the rejection of their claim or that was not reasonably
available, or that the person could not reasonably have been expected in the circumstances to have presented,
at the time of the rejection.
3
All evidence that the RPD accepted as evidence is part of the RPD's record and will be provided by the RPD to the
RAD pursuant to rule 21 of the RAD Rules. Consequently, you do not have to list this evidence.
Name of evidence
Author Date (dd/mm/yy)
If you need more space, use additional sheets of paper the same size as this form.
3
There may be more than one piece of evidence presented. Consequently, you must provide full and detailed
submissions regarding the information required for each piece of evidence presented. Print this page for each piece of
evidence.
SECTION III: EVIDENCE AND ORAL HEARING AT THE RAD
3.1 The evidence that the Appellant(s) ask the RAD to admit as evidence under section 110(4)
of the Immigration and Refugee Protection Act (IRPA).
How does this evidence meet the requirements of section 110(4) of the IRPA?
How does this evidence relate to the Appellant(s)?
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Provide full and detailed submissions regarding the information required. For your information, s. 110(6) of the
IRPA states the following: The Refugee Appeal Division may hold a hearing if, in its opinion, there is
documentary evidence referred in subsection (3)
(a)
that raises a serious issue with respect to the credibility of the person who is the subject
of the appeal;
(b)
that is central to the decision with respect to the refugee protection claim, and
(c)
that, if accepted, would justify allowing or rejecting the refugee protection claim.
If you need more space, use additional sheets of paper the same size as this form.
3.2 Explain why the RAD should hold a hearing under section 110(6) of the IRPA.
How does the evidence mentioned in part 3.1 of the memorandum meet the requirements of section
110(6) of the IRPA?
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Select from the options below.
a)
That the appeal be allowed, and that the RAD finds the Appellant(s) to be a Convention
refugee(s) or a person(s) in need of protection;
b)
That the appeal be allowed and that the matter be referred to the RPD for re-determination.
Appellant's signature
Date (dd/mm/yy)
Counsel's signature
Date (dd/mm/yy)
SECTION IV: DECISION SOUGHT
4.1 The decision the Appellant(s) wants the RAD to make.
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