Regulations on Submission Deadlines

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Questions and Answers

What is the deadline for submitting the Basis of Claim (BOC) Form after referral to RPD?

  • 30 days
  • 15 days (correct)
  • 5 days
  • 10 days

When must a request for an extension to submit the BOC Form be made?

  • 5 days after submitting the BOC
  • Lately on the deadline date
  • 10 days before the hearing date
  • 3 days before the initial deadline (correct)

How long does an RPD hearing for designated countries of origin (DCO) take after referral?

  • 30 days (correct)
  • 14 days
  • 60 days
  • 45 days

What is the timeframe for the Minister to notify RPD of a response without a hearing after receiving the BOC Form?

<p>10 days (A)</p> Signup and view all the answers

When should documents for disclosure (RPD) be submitted?

<p>At least 10 days before the hearing (A)</p> Signup and view all the answers

What is the minimum time frame to submit witness information before the RPD hearing?

<p>10 days (B)</p> Signup and view all the answers

How long must you wait before resuming a hearing after giving notice?

<p>At least 14 days (C)</p> Signup and view all the answers

What is the minimum notice required to request a change in hearing date or time?

<p>3 working days (A)</p> Signup and view all the answers

What is the deadline for submitting witness information before a hearing?

<p>20 days before (B)</p> Signup and view all the answers

How long does an individual have to respond to a written application after receiving it?

<p>7 days after (A)</p> Signup and view all the answers

What is the time frame for appealing a refusal in a family sponsorship case?

<p>30 days from the IRCC (B)</p> Signup and view all the answers

What is the time limit for responding to a written response?

<p>7 days after receiving (D)</p> Signup and view all the answers

How many days does a party have to change a hearing location before the hearing?

<p>30 days before (D)</p> Signup and view all the answers

When must one request written reasons for a decision after it takes effect?

<p>10 days after (D)</p> Signup and view all the answers

What is the timeline for a Minister's disclosure for residency obligation appeals?

<p>Within 120 days of appeal filing (D)</p> Signup and view all the answers

What is the deadline for a second detention review for non-DFNs?

<p>Within 7 days of the first review (B)</p> Signup and view all the answers

What is the deadline to submit a Written Application for a hearing?

<p>10 days before the hearing (A)</p> Signup and view all the answers

When must a party respond to a Written Application?

<p>5 days after receiving the application (A)</p> Signup and view all the answers

What is the time frame for requesting Written Reasons for a Decision?

<p>10 days after the decision takes effect (B)</p> Signup and view all the answers

What is the deadline to respond to UNHCR Written Submissions?

<p>7 days after receiving the submissions (D)</p> Signup and view all the answers

How long does a party have to file an appeal to RAD after receiving the RPD decision?

<p>30 days from receiving the RPD decision (D)</p> Signup and view all the answers

When must a Request for Interpreter or Language Change be made?

<p>20 days before the hearing (A)</p> Signup and view all the answers

What is the deadline to submit an Appeal Record to RAD following a RPD decision?

<p>30 days from receiving the RPD decision (B)</p> Signup and view all the answers

How soon must a Reply to Minister’s Intervention be submitted?

<p>15 days after receiving the Minister’s notice (C)</p> Signup and view all the answers

What is the deadline for the first detention review for DFNs after detention?

<p>Within 14 days (A)</p> Signup and view all the answers

How often do subsequent detention reviews occur for DFNs while detained?

<p>Every 6 months (B)</p> Signup and view all the answers

What is the deadline for a Minister’s disclosure for detention reviews that occur every 7 or 30 days?

<p>3 days before the hearing (A)</p> Signup and view all the answers

When must an application for documents or witness information be submitted, excluding 48-hour reviews?

<p>5 days before the hearing (D)</p> Signup and view all the answers

What is the time frame for responding to a written application?

<p>3 days to reply (D)</p> Signup and view all the answers

What is the deadline for requesting written reasons for a decision to take effect?

<p>10 days after the decision (D)</p> Signup and view all the answers

How long before a constitutional argument should notice of a constitutional question be filed?

<p>10 days before (B)</p> Signup and view all the answers

What is the timeframe for filing an application for leave after an IRB decision within Canada?

<p>15 days from the IRB decision (D)</p> Signup and view all the answers

What is the primary role of the Immigration and Refugee Board of Canada (IRB)?

<p>To conduct hearings related to immigration matters or refugee claims. (D)</p> Signup and view all the answers

What may influence the time limits set by the IRB?

<p>Practice Notices issued by the IRB. (C)</p> Signup and view all the answers

Under the Immigration Division Rules (IDR), what happens during a detention review hearing?

<p>A decision is made on whether to keep the person in custody or release them. (A)</p> Signup and view all the answers

What is one condition under which a sponsorship appeal may not be filed?

<p>The appeal involves inland spousal sponsorship refusals. (B)</p> Signup and view all the answers

What must be communicated to an individual regarding an admissibility hearing outcome?

<p>They have the right to appeal if found inadmissible. (D)</p> Signup and view all the answers

What should an individual do if they notice a mistake or missing information regarding IRB time limits?

<p>Contact the IRB for clarification. (D)</p> Signup and view all the answers

What kind of review is required after a detention under the Immigration and Refugee Protection Act (IRPA)?

<p>A custody review. (C)</p> Signup and view all the answers

What does the term 'inadmissibility' refer to in the context of the IRB?

<p>Not being allowed to enter or stay in Canada based on legal criteria. (A)</p> Signup and view all the answers

Under what circumstance can an appeal be made regarding a PRTD refusal?

<p>When the PR card is expired or inaccessible. (D)</p> Signup and view all the answers

What is a common requirement that must be met for all types of appeals?

<p>The necessity to meet established time limits. (B)</p> Signup and view all the answers

What is the nature of hearings conducted by the Refugee Appeal Division (RAD)?

<p>They are based solely on written submissions. (D)</p> Signup and view all the answers

What options do individuals have if they cannot meet the standard time limits set forth by the IRB?

<p>They may request extensions if imminent. (C)</p> Signup and view all the answers

What can lead to the loss of PR status for a permanent resident outside Canada?

<p>Refusal of a PRTD application. (B)</p> Signup and view all the answers

Which entity primarily issues removal orders from Canada?

<p>CBSA. (D)</p> Signup and view all the answers

What is a necessary condition for an appeal by the Minister after an admissibility hearing?

<p>The Minister must meet specific time limits. (C)</p> Signup and view all the answers

What does the Refugee Protection Division (RPD) follow regarding time limits?

<p>The time limits set under RPDR. (A)</p> Signup and view all the answers

What disclaimer is associated with the information provided on the website?

<p>It does not constitute legal advice. (B)</p> Signup and view all the answers

What should individuals do if they have specific legal concerns regarding immigration?

<p>Consult a qualified lawyer for advice. (A)</p> Signup and view all the answers

Flashcards

Submit Basis of Claim (BOC)

The initial submission of a claim to the Refugee Protection Division (RPD).

Basis of Claim (BOC) Deadline

The deadline for submitting the Basis of Claim (BOC) is 15 days from the referral to the RPD.

Request for Extension to Submit BOC

If you need extra time to submit your BOC, you can request an extension. The deadline for this request is 3 days before the initial deadline.

RPD Hearing

A hearing where the RPD will hear evidence from individuals who have filed refugee protection claims.

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RPD Hearing Deadline for DCO Claimants

The timeframe for the RPD hearing depends on whether the claim was filed from a Designated Country of Origin (DCO). For DCO claimants, the hearing must take place within 30 days of the referral to the RPD.

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Family Sponsorship Appeal

An appeal against an IRCC decision to refuse a family sponsorship application. Must be filed within 30 days of the decision.

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RPD Hearing Deadline for Non-DCO Claimants

If a claimant is not from a Designated Country of Origin (DCO), the hearing has a longer deadline. They must hold the hearing within 60 days of the referral to the RPD.

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Residency Obligation Appeal

An appeal filed against an IRCC decision regarding residency obligations. Must be filed within 60 days of the decision.

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Removal Order Appeal

An appeal against an IRCC issued removal order. Must be filed within 30 days of receiving the removal order.

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Minister Notifies RPD

A process where the Minister, in certain cases, notifies the RPD of their decision regarding a claim without holding a hearing.

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Submit Witness Information

Information from witnesses must be submitted 20 days before the hearing at the Immigration and Refugee Board (IAD).

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Minister Notification Deadline

The deadline for the Minister to notify the RPD of their decision without a hearing is 10 days after receiving the BOC form.

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Minister’s Disclosure for Residency Obligation Appeals

The Minister must disclose documents related to a residency obligation appeal within 120 days of the appeal being filed.

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Minister’s Disclosure for Sponsorship/Other Appeals

Documents related to sponsorship or other appeals must be made available by the Minister within 60 days after the appeal filing.

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Response to a Written Application

A written response to an application must be submitted within 7 days of receiving the application.

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Reply to a Written Response

A written response to a previous response must be submitted within 5 days of receiving that response.

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Written Application Deadline

The time limit for submitting a written application to the Refugee Protection Division (RPD) is 10 days before the hearing.

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Responding to a Written Application

You have 5 working days to respond to a written application after receiving it.

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Notice of Constitutional Question

The time limit for submitting a Notice of Constitutional Question to the Refugee Protection Division (RPD) is 10 days before the constitutional argument.

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File Refugee Appeal to RAD

You have 15 days to file a Refugee Appeal to the Refugee Appeal Division (RAD) after receiving the RPD decision.

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Submit Appeal Record to RAD

The time limit for submitting an appeal record to the Refugee Appeal Division (RAD) is 30 days from receiving the RPD decision.

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Interpreter Request (RAD)

If you need an interpreter or language change, you need to request it at least 20 days before the hearing at the Refugee Appeal Division (RAD).

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UNHCR Submissions

The United Nations High Commissioner for Refugees (UNHCR) has 10 days after providing notice to submit written submissions to the Refugee Appeal Division (RAD).

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Request Written Reasons (RAD)

You have 10 days after the decision takes effect to request written reasons from the Refugee Appeal Division (RAD) for their decision.

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First Detention Review (DFNs)

A review conducted within 14 days of detention for designated foreign nationals (DFNs) to determine the continued need for detention.

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Subsequent Detention Reviews (Non-DFNs)

A detention review held every 30 days for individuals who are not designated foreign nationals (non-DFNs).

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Subsequent Detention Reviews (DFNs)

A detention review held every 6 months for designated foreign nationals (DFNs).

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Minister's Disclosure (Detention Review)

This document provides information to the individual being detained about the reasons for their detention, the evidence against them, and their rights.

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Application for Documents or Witness Information

An individual detained can request documents or witness information to support their case before their detention review.

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Admissibility Hearings

A formal hearing held to determine an individual's admissibility to Canada, scheduled promptly.

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Request Written Reasons for a Decision

Requesting written reasons for a decision made in a detention review within 10 days after the decision takes effect.

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IRB Role

The Immigration and Refugee Board of Canada (IRB) is responsible for conducting hearings related to immigration matters and refugee claims.

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IDR Time Limits

The Immigration Division Rules (IDR) define time limits for the Immigration Division within the IRB.

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Detention Review Purpose

Detention reviews under IRPA are conducted to determine whether an individual should remain in custody or be released, possibly with conditions.

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Admissibility Hearing Purpose

Admissibility hearings are held to determine whether an individual is eligible to enter Canada. If found admissible, a removal order is not issued.

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IADR Time Limits

The Immigration Appeal Division Rules (IADR) define time limits for the Immigration Appeal Division within the IRB.

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Sponsorship Appeal

Sponsorship appeals are filed against a refusal of sponsorship applications. However, inland spousal sponsorship refusals cannot be appealed.

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Minister Notification

The Minister can notify the RPD of their decision on a claim without holding a hearing. This decision must be made within 10 days of receiving the BOC form.

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RPD Decision

The decision made by the Refugee Protection Division (RPD) following a refugee protection hearing. This decision can be either positive or negative.

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Appeal from Removal Order

An appeal against an IRCC issued removal order. This appeal must be filed within 30 days of receiving the removal order.

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Minister's Appeal from Admissibility Hearing

The Minister has the right to appeal a decision made by the Immigration Division in an admissibility hearing. Although not mandatory, they must meet the set time limits for this appeal.

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First Detention Review

This is a review conducted within 14 days of detention for designated foreign nationals (DFNs) to determine the continued need for detention.

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Study Notes

Action/Event Deadlines and Regulations

  • Submit Basis of Claim (BOC) Form: 15 days from referral to the RPD.
  • Request for Extension to Submit BOC Form: 3 days before the initial deadline.
  • Changes/Additions to BOC: 30 days from referral to the RPD.
  • RPD Hearing (Designated Countries of Origin): 10 days before the hearing date.
  • RPD Hearing (Non-DCO Claimants): 60 days from referral.
  • Minister Notifies RPD of Response Without a Hearing: 10 days after receiving the notice to appear.
  • Minister Raises Concerns About Inadmissibility: 20 days after receiving the BOC Form.
  • Submit Documents for Disclosure (RPD): At least 10 days before the hearing.
  • Respond to a Document: at least 5 days before the hearing.
  • Submit Witness Information (RPD): 10 days before the hearing.
  • Resumption of Hearing After Notice: No earlier than 14 days after notice.
  • Request Interpreter or Language Change: 10 days before the hearing.
  • Application to Change Hearing Application: 20 days before the hearing
  • Application to Change Hearing Date or Time: At least 3 working days before the hearing.
  • Request Private/Public Hearing: 20 days before the hearing.
  • Special Hearing for Failure to Submit BOC: 5 working days after the BOC deadline.
  • Written Application: 10 days before the hearing.
  • Responding to a Written Application: 5 days after receiving the application.
  • Reply to a Written Response: 3 days after receiving the response.
  • Request Written Reasons for a Decision: 10 days after the decision takes effect.
  • Notice of Constitutional Question: 10 days before the constitutional argument.
  • File Refugee Appeal to RAD: 15 days from receiving RPD decision.

Additional Action/Event Deadlines and Regulations (Page 2)

  • Submit Appeal Record to RAD: 30 days from receiving RPD decision.
  • Request Interpreter or Language Change (RAD): 20 days before the hearing.
  • Written Submissions by UNHCR: 10 days after providing notice.
  • Response to UNHCR Written Submissions: 7 days after receiving submission.
  • Reply to Minister's Intervention: 15 days after receiving the minister's notice.
  • File Family Sponsorship Appeal: 30 days from IRCC refusal.
  • File Residency Obligation Appeal: 20 days before the hearing.
  • File Removal Order Appeal: 30 days from receiving removal order.
  • Submit Witness Information (IAD): Within 120 days of appeal filing.
  • Minister's Disclosure for Residency Obligation Appeals: 60 days (updated from 120 days as of Jan 2023).
  • Minister's Disclosure for Sponsorship/Other Appeals: 15 days after receiving Minister's notice.
  • Response to a Written Application (IAD): 7 days after receiving the application.
  • Reply to a Written Response (IAD): 5 days after receiving the response.
  • Notice of Constitutional Question (IAD): 10 days before the constitutional argument.
  • Request Private/Public Hearing (IAD): 20 days before the hearing.
  • Request to Change Hearing Location: 30 days before the hearing.
  • Application to Change Hearing Date or Time (IAD): At least 2 days before the hearing.
  • Request Written Reasons for a Decision (IAD): 10 days after the decision takes effect.

Action/Event Deadlines and Regulations (Page 3)

  • First Detention Review (DFNs): Within 14 days of detention.
  • Subsequent Detention Reviews (DFNs): Every 6 months while detained.
  • Minister's Disclosure for Detention Reviews: 3 days before the hearing.
  • Application for Documents or Witness Information: 5 days before the hearing.
  • Responding to a Written Application: 5 days before the hearing.
  • Admissibility Hearings: Scheduled promptly (no fixed deadline).
  • Request Written Reasons for a Decision: 10 days after the decision takes effect.
  • Notice of Constitutional Question (ID): 10 days before the constitutional argument.
  • File Application for Leave (in Canada decision): 15 days from IRB decision.
  • File Application for Leave (outside Canada decision): 60 days from IRB decision.

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