PART 4Rules Applicable to an Appeal for Which a Hearing Is Held (continued)
Marginal note:Abandonment after hearing scheduled
68 (1) In determining whether an appeal has been abandoned under subsection 168(1) of the Act after a date for a hearing has been fixed, the Division must give the appellant an opportunity to explain why the appeal should not be declared abandoned,
(a) immediately, if the appellant is present at the hearing and the Division considers that it is fair to do so; or
(b) in any other case, by way of a special hearing, after notifying the appellant in writing.
Marginal note:Factors to consider
(2) The Division must consider, in deciding if the appeal should be declared abandoned, the explanation given by the appellant and any other relevant factors, including the fact that the appellant is ready to start or continue the proceedings.
Marginal note:Medical reasons
(3) If the appellant is the person who is the subject of the appeal and the explanation includes medical reasons, other than those related to their counsel, they must provide, together with the explanation, the original of a legible, recently dated medical certificate signed by a qualified medical practitioner whose name and address are printed or stamped on the certificate.
Marginal note:Content of certificate
(4) The medical certificate must set out
(a) the particulars of the medical condition, without specifying the diagnosis, that prevented the person from pursuing their appeal; and
(b) the date on which the person is expected to be able to pursue their appeal.
Marginal note:Failure to provide medical certificate
(5) If a person who is the subject of an appeal fails to provide a medical certificate in accordance with subrules (3) and (4), the person must include in their explanation
(a) particulars of any efforts they made to obtain the required medical certificate, supported by corroborating evidence;
(b) particulars of the medical reasons included in the explanation, supported by corroborating evidence; and
(c) an explanation of how the medical condition prevented them from pursuing their appeal.
Marginal note:Start or continue proceedings
(6) If the Division decides not to declare the appeal abandoned, it must start or continue the proceedings without delay.
Coming into Force
Marginal note:S.C. 2001, c. 27
Footnote *69 These Rules come into force on the day on which section 110 of the Immigration and Refugee Protection Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.
Return to footnote *[Note: Rules in force December 15, 2012, see SI/2012-94.]
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