Marginal note:Application for early review
9. (1) A party may make a written application to the Division requesting a detention review before the expiry of the seven-day or thirty-day period, as the case may be.
(2) The Division may allow the application if the party sets out new facts that justify an early review of the detention.
Marginal note:Removal before detention review
10. The Minister must notify the Division as soon as a permanent resident or foreign national is removed from Canada prior to a scheduled detention review.
Marginal note:Notice to the parties
11. (1) At the conclusion of a detention review, the member must notify the parties of the member’s decision.
(2) The member must date and sign an order for detention or release indicating the applicable provisions of the Act and provide a copy to the parties.
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 a detention review or in writing. A request in writing must be received by the Division no later than 10 days after the decision takes effect.
RULES THAT APPLY TO BOTH ADMISSIBILITY HEARINGS AND DETENTION REVIEWS
Information Relating to Counsel
Marginal note:Counsel’s contact information
12. A permanent resident or foreign national who is represented by counsel must, on obtaining counsel, provide the counsel’s contact information in writing to the Division and the Minister. If that information changes, the permanent resident or foreign national must without delay provide the changes in writing to the Division and the Minister.
Counsel of Record
Marginal note:Becoming counsel of record
13. As soon as counsel for a permanent resident or foreign national agrees to a date for a proceeding, or becomes counsel after a date has been fixed, the counsel becomes counsel of record.
Marginal note:Withdrawal as counsel of record
14. To withdraw as counsel of record, counsel must notify the Division and the Minister in writing as soon as possible. Counsel is no longer counsel of record as soon as the Division receives the notice.
Marginal note:Removal of counsel of record
15. To remove counsel as counsel of record, the permanent resident or foreign national must notify the Division and the Minister in writing as soon as possible. Counsel is no longer counsel of record when the Division receives the notice.
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