Reinstating a Request by the Minister for an Admissibility Hearing
Marginal note:Application for reinstatement of withdrawn request
6. (1) The Minister may make a written application to the Division to reinstate a request for an admissibility hearing that was withdrawn.
(2) The Division must allow the application if it is established that there was a failure to observe a principle of natural justice or if it is otherwise in the interests of justice to allow the application.
Marginal note:Favourable decision
7. (1) If the decision at the conclusion of an admissibility hearing is in favour of the permanent resident or foreign national, the member making the decision must date and sign a notice of decision and provide a copy to the parties.
Marginal note:Unfavourable decision
(2) If the decision is not in favour of the permanent resident or foreign national, the member must date and sign an order indicating the applicable provisions of the Act and provide a copy to the parties. The member must also notify the permanent resident or foreign national of
(a) their right to appeal to the Immigration Appeal Division; or
(b) if they do not have the right to appeal, their right to file an application for judicial review in the Federal Court.
Marginal note:When decision takes effect
(3) A decision made orally at a hearing takes effect when a Division member states the decision. A decision made in writing takes effect when the member signs and dates it.
Marginal note:Request for written reasons
(4) A request made by a party for written reasons for a decision may be made orally at the end of an admissibility hearing or in writing. A request in writing must be received by the Division no later than 10 days after the decision takes effect.
RULES APPLICABLE TO DETENTION REVIEWS
Marginal note:Information provided by the Minister
8. (1) If a foreign national or a permanent resident is subject to a detention review, the Minister must provide the Division and the person detained with the following information:
(a) the person’s name, sex, date of birth and citizenship;
(b) whether the person is single, married, separated or divorced or is a common-law partner;
(c) whether the person has made a claim for refugee protection;
(d) the language — English or French — chosen by the person for communicating with the Division;
(e) if an interpreter is required, the language or dialect to be interpreted;
(f) if the person has counsel, the counsel’s contact information;
(g) the date and time that the person was first placed in detention;
(h) the name and address of the place where the person is being detained;
(i) whether the Minister is seeking a detention review after the first forty-eight hour detention or after a seven-day or thirty-day review;
(j) the identification number given to the person by the Department of Citizenship and Immigration;
(k) the provision of the Act under which the review of the reasons for continued detention is required;
(l) whether an application for non-disclosure of information has been made; and
(m) whether the Minister believes that the person is less than 18 years of age or is unable to appreciate the nature of the proceedings.
Marginal note:Time limit
(2) The information must be received by the Division and the person detained
(a) in the case of a forty-eight hour review, as soon as possible; and
(b) in the case of a seven-day or thirty-day review, at least three days before the date fixed for the review.
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