Policy no.
2003-04
Effective Date: October 26, 1998
Re-issued: June 19, 2003
THE TREATMENT OF
UNSOLICITED INFORMATION
IN THE
REFUGEE PROTECTION DIVISION
1. Purpose
This policy governs the treatment and use of unsolicited information
that the Immigration and Refugee Board (IRB)
receives in respect of proceedings in the Refugee Protection Division
(RPD).
2. Application
This policy replaces any documents or portions of documents, previously
issued by the IRB,
that give guidance on the Refugee Protection Division's treatment and
use of unsolicited information.
This policy, which became effective October 26, 1998, is re-issued with
consequential amendments to bring it in line with the terminology and
section references in the Immigration and Refugee Protection Act and Refugee Protection Division Rules. It replaces the former
policy (The Treatment of Unsolicited Information in the Convention
Refugee Determination Division # 1998-01).
3. Context
From time to time, the IRB
receives unsolicited information in respect of RPD
proceedings. It is important that the IRB,
as an independent tribunal adjudicating the merits of a claim for refugee
protection, not take on an active investigative role with respect to unsolicited
information received from anonymous sources or from informants who are
unwilling or unable to appear as witnesses at the hearing of the claim.
However, all relevant evidence should be made available to decision-makers
of the RPD. Unsolicited information may be taken into consideration in
a refugee protection hearing, provided that it can adequately be tested.
This policy ensures that unsolicited information received by the IRB
enters the decision-making process of the RPD
only if it can adequately be tested. The Refugee Protection Division's
use of unsolicited information, subject to this policy, is in keeping
with the concept of refugee protection determination as a process of inquiry.
4. Definitions
For the purposes of this policy:
"potential evidence" means information, oral
or in some tangible form, that may be disclosed by the RPD
in accordance with the RPD
rules. Subject to its admissibility and probative value as determined
by the RPD
member in the exercise of his or her discretion, this information may
be used in the determination of a claim for refugee protection.
"unsolicited information" means information:
1) provided by persons not party to the proceedings before the RPD;
and 2) not requested by officials of the IRB,
representatives of the Minister, a claimant, or a claimant's representative.
Unsolicited information may be received orally or in some tangible form
such as a letter, photograph, e-mail message,
or media report.
5. Policy Statement
The Refugee Protection Division treats unsolicited information as potential
evidence when
- the information concerns an identifiable claim that has not been
finalised;
- the information originates from an identifiable informant; and
- the informant agrees to disclosure of the information and to appear
as a witness if subsequently requested.
For further clarity, for the purpose of providing notice under Refugee
Protection Division rules 23 and 24, information relating to a claimant's
potential exclusion, inadmissibility, ineligibility or outstanding charge
for an offence that may be punishable by a term of ten years, is not considered
potential evidence unless it meets the pre-conditions noted above.
The RPD
also treats unsolicited media reports, submitted anonymously or by known
sources, as potential evidence, provided that
- such reports concern an identifiable claim that has not been finalised;
and
- such reports can readily be authenticated before the hearing date.
The Refugee Protection Division's retention and processing of unsolicited
information as potential evidence does not constitute an opinion as to
its admissibility, relevance, credibility, or weight. All parties and
the Refugee Protection Officer (RPO)
in a given case will have an opportunity to address the panel on these
issues during the course of the proceedings.
When unsolicited information cannot be treated as potential evidence,
the IRB
does not retain any copy or record of such information. Any IRB
record concerning the unsolicited information is transferred to Citizenship
and Immigration Canada (CIC),
and
- the information in tangible form is transferred to CIC;
and / or
- the person seeking to provide such information orally is referred
to the appropriate CIC
office.
The information transferred to CIC
is accompanied by a statement of the claimant's name, IRB
file number, and CIC
identification number, if known. When the unsolicited information relates
to a case yet to be heard, the communication to CIC
will indicate the scheduled hearing date. For record management purposes,
a minimal document profile is maintained by the IRB.
CIC,
which has an investigative capacity and mandate that the RPD
does not, may choose to investigate further or to intervene in any particular
case. Should the Minister decide to intervene, the Minister may submit
any information to the Refugee Protection Division, whether solicited
or unsolicited. The Minister shall disclose such information in evidence
to all parties in accordance with the Refugee Protection Division
Rules and provisions for Minister's information in the Instructions
for the Acquisition and Disclosure of Information for Proceedings in the
Refugee Division.
6. Implementation
Related procedural guidelines are contained in Chapter 10 of the Refugee
Protection Division Case Management Manual.
7. Monitoring
Ongoing monitoring and evaluation of this policy will be carried out
under the direction of the Refugee Protection Division's Operations Committee,
with the support of Regional Executive Committees and the Policy, Planning
and Research Branch.
8. References
8.1 Relevant legislation
Immigration and Refugee Protection Act section 165 and subsections
170 (e), 170 (g), 170 (h)
Refugee Protection Division Rules, rules 23,24, 29,
30
This policy has been developed in accordance with the Access to Information
and Privacy Act, as well as other relevant federal records
legislation.
8.2 IRB
documents
Instructions Governing the Acquisition and Disclosure of Information
for Proceedings in the Refugee Division (Chapter 1, Appendix 1D, CRDD
Handbook - March 31, 1999)
9. Enquiries
For information contact:
Chief, Policy, Development and Coordination Section
Policy, Planning and Research Branch
Canada Building (Minto Place)
344 Slater Street, 14th Floor
Ottawa, Ontario K1A 0K1
Fax: (613) 952-9083
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