Canadian Refugee Procedure/RAD Rule 1 - Interpretation and Definitions

RAD Rule 1

The text of the relevant rule reads:

Interpretation

Definitions
1 The following definitions apply in these Rules.

Act means the Immigration and Refugee Protection Act. (Loi)

appellant means a person who is the subject of an appeal, or the Minister, who makes an appeal to the Division from a decision of the Refugee Protection Division. (appelant)

contact information means, with respect to a person,
(a) the person’s name, postal address and telephone number, and their fax number and email address, if any; and
(b) in the case of counsel for a person who is the subject of an appeal, if the counsel is a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, in addition to the information referred to in paragraph (a), the name of the body of which the counsel is a member and the membership identification number issued to the counsel. (coordonnées)

Division means the Refugee Appeal Division. (Section)

Interested Person

interested person means a person whose application to participate in an appeal under rule 46 has been granted. (personne intéressée)

See Rule 46: Canadian Refugee Procedure/RAD Rules Part 3 - Rules Applicable to All Appeals#RAD Rule 46: Application by person to participate in three-member panel, but also see Rule 44 which notes that Rule 46 is subject to modification as the circumstances require: Canadian Refugee Procedure/RAD Rules Part 3 - Rules Applicable to All Appeals#RAD Rule 44: These Rules apply to UNHCR and Interested Persons.

The fact that the definition of an "interested person" relates solely to three-member panels would appear to relate to s. 110(3) of the IRPA which provides that in the case of a matter that is conducted before a panel of three members, the RAD may accept written submissions from "any other person described in the rules of the Board". See: Canadian Refugee Procedure/110-111 - Appeal to Refugee Appeal Division#IRPA Section 110(3): Procedure.

Party

party means,
(a) in the case of an appeal by a person who is the subject of an appeal, the person and, if the Minister intervenes in the appeal, the Minister; and
(b) in the case of an appeal by the Minister, the person who is the subject of the appeal and the Minister. (partie)

Despite this definition of party, the Minister has a right to notice of material changes in appeals to which the Minister is not yet a party. See: Canadian Refugee Procedure/RPD Rule 1 - Definitions#Commentary on the definition of "party".

Proceeding

proceeding includes a conference, an application, or an appeal that is decided with or without a hearing. (procédure)

registry office means a business office of the Division. (greffe)

Regulations means the Immigration and Refugee Protection Regulations. (Règlement)

respondent means a person who is the subject of an appeal in the case of an appeal by the Minister. (intimé)

UNHCR means the United Nations High Commissioner for Refugees and includes its representative or agent. (HCR)

vulnerable person means a person who has been identified as vulnerable under the Guideline on Procedures with Respect to Vulnerable Persons Appearing Before the IRB issued under paragraph 159(1)(h) of the Act. (personne vulnérable)

working day does not include Saturdays, Sundays or other days on which the Board offices are closed. (jour ouvrable)

Commentary

For commentary, see the concomitant RPD rule: Canadian Refugee Procedure/RPD Rule 1 - Definitions.