The RAD is returning to business

Credit to ‎Tyler Goettl‎ and Mbong Akinyemi, among others, for noting this.

The Refugee Appeal Division has published a news post (Refugee Appeal Division: Gradual Return to Business) and a new Practice Direction (PD) and “Communiqué” (Comm.) about its return to active operations. There is also a Practice Notice about use of ePost for RAD. (Editor’s note: the IRB website is unstable so the content will also be posted to the JRILN blog.)

The key points are as follows. (Editor’s note: Things that will make counsel’s life easier are marked with a green check (✅), and concerns or possible omissions or ambiguities are red flagged and therefore marked with…a 🚩)

Time limits and priorities

• Normal time limits are reinstated as of August 19, 2020 – however, the RAD has clarified that this means that anything “due between January 1, 2020 to August 18, 2020 inclusive, must be submitted to the RAD by August 19, 2020“. (PD)
• From June 15 in Vancouver and June 22 in Toronto and Montreal, “you will be able to provide the RAD with documents by mail, fax, email or ePost Connect”. (PD)
• The RAD has stated that generally “the RAD will process the oldest appeals first, while ensuring appeals of detainees, unaccompanied minors and other vulnerable persons are prioritized.” (Comm.)

Receiving Decisions from RAD

Beginning next week (week of June 15) the RAD will begin communicating with those counsel, designated reps, and Minister’s counsel with pending appeals as follows:

• Where the RAD has substituted a favourable decision, counsel will be “informed” using only the file number. The decision and reasons will follow when the offices of that RAD registry re-open. (Comm.)
  • 🚩 There is no indication of how the RAD will communicate with unrepresented appellants.
  • 🚩 There is no indication of how counsel will be informed.
• For files where the RAD is requesting submissions:
  • “For files where the member requires submissions, an individualized request will be sent to counsel, the designated representative, as well as the minister, when the latter is a party to the appeal. This will have begun as of June 1, 2020. Submissions will be due no later than 30 days from the date of the email or fax informing them of the request.
    
    If no submission is received by the end of the 30-day period, the member will proceed to finalize the appeal. The notice of decision and reasons for decision will be mailed as soon as practicable thereafter.” (Comm.)
• Where the file has been assigned to a RAD member but there is no specific request for submissions:
  • “[C]ounsel or designated representative will have 30 days from the date they receive notice to submit any document or written submission in support of the appeal.” (Comm.)
  • ✅/🚩 “A document or written submissions in support of the appeal will be accepted without an application.” However, “Rule 29 and 110(4) continue to apply.” (Comm.)
    • Since Rule 29 sets out the need to make an application to submit something not present in the application record, it is unclear whether an application will be required.
• Similarly, for appeals not yet assigned to a member: “a document or written submissions in support of the appeal will be accepted by the RAD without an application until August 19, 2020. Rule 29 and 110(4) continue to apply.” (Comm.) This raises the same question about whether or not an application will be needed.

Sending Documents to RAD

• In-person deliveries (and therefore traditional service) is still not possible. To reiterate, from June 15 in Vancouver and June 22 in Toronto and Montreal, “you will be able to provide the RAD with documents by mail, fax, email or ePost Connect”. (PD, Comm.)
• The RAD will accept documents at the following (PD, Comm.):
  • Western Region: IRB.RAD-W-O-SAR.CISR@irb-cisr.gc.ca
    • Fax number: 604-666-9870
  • Central Region: IRB.RAD-C-SAR.CISR@irb-cisr.gc.ca
    • Fax number: 416-954-1511
  • Eastern Region: IRB.RAD-E-SAR.CISR@irb-cisr.gc.ca
    • Fax number: 514-283-0164
• ✅ According to the Practice Notice about use of ePost for RAD, “Counsel who have registered to submit documents to the RPD using ePost do not need to register. Counsel can use the already-existing conversation they have with the RPD to submit documents to the RAD.”
• 🚩 There is no indication that the page limit for faxes (20 pages under RAD Rule 32(d)) has been waived.
• In terms of size limits, the RAD has noted that emails are capped at 10 MB, while e-Post can take attachments of up to 1 GB. (PD, Comm.)
• 🚩 This is applicable only to serving the RAD, and doesn’t change the methods of serving the Minister where required. (PD)
• ✅ The requirement for signatures on documents under the RAD Rules has been temporarily waived. (PD, Comm.)
• ✅ You do not need to send multiple copies of a document if you are sending it electronically (Comm.)

Still to be determined

• “Hearings at the RAD continue to be postponed for the time. A separate communiqué will be issued later this summer.” (PD)