Reopening of refugee and immigration in-person hearings
Published: Jun 29, 2020
It is hoped that many refugee and immigration hearings will resume in person starting the end of July and beginning of August. On June 19 and June 24 the Immigration and Refugee Board of Canada provided much waited resumption notices.
1. Resumption dates:
You can consult the chart below to get an idea when to expect your in-person hearing.
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Tribunal
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When will in-person hearings resume?
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Refugee Protection Division
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1.
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Refugee Protection Board – Toronto
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Week of August 3, 2020
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2.
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Refugee Protection Board – Vancouver
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Week of July 20, 2020.
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3.
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Refugee Protection Board – Montreal
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Week of August 3, 2020
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Immigration and Refugee Appeal Divisions
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4.
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Refugee Appeal Division
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To be determined
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5.
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Immigration Division
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To be determined
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6.
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Immigration Appeal Division - Toronto
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Week of August 3, 2020
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7.
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Immigration Appeal Division - Vancouver
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Week of July 20, 2020.
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8.
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Immigration Appeal Division - Montreal
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Week of August 3, 2020
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2. Filing deadlines:
All deadlines to initiate court and tribunal proceedings have been extended. Here is an overview of the major deadlines:
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Tribunal
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Type of filing
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Deadline to file
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1.
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Refugee Protection Division
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Filing a basis of claim
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July 19, 2020, if you filed a refugee claim between February 1, 2020 and July 3, 2020
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2.
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Refugee Appeal Division
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Filing a notice of appeal
Perfecting an appeal
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30 days after the Division resumes its operations. This is only if the initial deadline falls on or after January 1, 2020. The deadline extension does not apply to appeals that were dismissed before March 15, 2020.
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3.
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Immigration Appeal Division
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Filing a notice of appeal
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30 days after the Division resumes its operations. This is only if the initial deadline to file the notice falls on or after March 16, 2020.
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3. COVID-19 measures at the RPD hearings:
It will be long before things go back to the pre-pandemic era, if ever. We may have to embrace this so called ‘new normal’ for a very long time ahead. When the in-person hearings at the Refugee Protection Division resume, the following new set of rules will apply:
- The hearings may be scheduled at different times. Before the pandemic, the hearings would usually start at 9am or 1pm. It is highly probable that the parties will be offered other time slots, as well.
- Children who are under 18 are encouraged not to attend the hearings. The tribunal must be notified 10 days before the hearing date if a refugee claimant who is under 18 wants to attend the hearing.
- Adult claimants may waive their right to be present at the hearing.
- Videoconferencing may be used.
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