ENF 26 Appeals at the Refugee Appeal Division of the Immigration and Refugee Board of Canada

ENF 26 Appeals at the Refugee Appeal Division of the Immigration and Refugee Board of Canada

APPENDIX 3

Template Intervention Record RADR 4(3)

CANADA

/ IMMIGRATION AND REFUGEE BOARD
PROVINCE OF XXX / REFUGEE APPEAL DIVISION
RAD File: XXX
UCI#:XXX

Name of person

Appellant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION /
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Intervenor

INTERVENTION RECORD

TABLE OF CONTENTS
Delete sections below that are not relevant – (delete this red text before submitting) /
Pages
a)All or part of the transcript of the RPD hearing / 1 -...
  1. Transcriber’s declaration
/ …-...
b)Law, case law and/or other legal authority / …-...
c)Memorandum / …-...

CANADA

/ IMMIGRATION AND REFUGEE BOARD
PROVINCE OF XXX / REFUGEE APPEAL DIVISION
RAD File: XXX
UCI#:XXX

Name of person

Appellant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION /
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Intervenor

a. Part or all of the transcript of the Refugee Protection Division hearing

Include this section title only if the Minister wants to rely on the transcript in the appeal. If not, remove this section title. (delete this red writing before submitting)

Attach all or part of the transcript, as the case may be. (delete this red writing before submitting)

CANADA

/ IMMIGRATION AND REFUGEE BOARD
PROVINCE OF XXX / REFUGEE APPEAL DIVISION
RAD File: XXX
UCI#:XXX

Name of person

Appellant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION /
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Intervenor

b. Law, case law and other legal authority

Include this section title only if the Minister wants to rely on law, case law and other legal authority in the appeal. If not, remove this section. (delete this red writing before submitting)

List and attach all jurisprudence, legal authority (extracts). (delete this red writing before submitting)

CANADA

/ IMMIGRATION AND REFUGEE BOARD
PROVINCE OF XXX / REFUGEE APPEAL DIVISION
RAD File: XXX
UCI#:XXX

Name of person

Appellant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION /
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Intervenor

c. MINISTER’S MEMORANDUM

Include this section only if the Minister wants to provide a memorandum. If not, remove this section. (delete this red writing before submitting)

In accordance with subrule 4(3) of the Refugee Appeal Division Rules, the Minister respectfully submits the following:

(i)The grounds on which the Minister contests the appeal (please see attached submissions);

In a maximum of 30 typewritten pages (or 15 if double-sided) indicate all grounds on which you are contesting the appeal. Provide submissions why you consider the appeal should be rejected. Should you have new evidence, refer to all new evidence that you want the RAD to consider. Should you be relying on law, case law or other legal authority, refer to the same. (delete this red text before submitting)

(ii)The Minister wants the Division to:

CONFIRM THE RPD DECISION

OR

SET ASIDE THE RPD DETERMINATION AND SUBSTITUTE ITS OWN DECISION THAT

the Appellant is not a Convention refugee nor a person in need of protection;

(Check any of the following that apply – delete this red text before submitting)

the Appellant is excluded under Article 1E of the Refugee Convention;

the Appellant is excluded under Article 1F(a) 1F(b) 1F(c) of the Refugee Convention.

DATED this XXX day of XXX, 20XX in the city of XXX.

______

(Minister’s representative’sname)

Minister’s representative

Postal address:(Postal address)

Telephone number:(Telephone number)

Fax number:(Fax number)

Email address:(Email)

TO:(name and address of Appellant/counsel for the Appellant)

AND TO:Refugee Appeal Division, Registry Office

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