Cuesta Et Al. v. Canada (Citizenship and Immigration), docket IMM-20428-24

ORDER

UPON APPLICATION for leave of the Court to commence an application for judicial review of the decision of an Officer of the Refugee Appeal Division of the Immigration and Refugee Board of Canada , dated October 11, 2024;

AND UPON READING the material filed;

THIS COURT ORDERS, pursuant to Rule 14(2) of the Federal Courts Citizenship, Immigration and Refugee Protection Rules, SOR/93-22, that:

1. The Tribunal shall send a certified copy of its record electronically to the parties and to the Registry of the Court within twenty-one (21) days of receipt of this Order pursuant to the following procedure:

• (a)the Registry of the Court shall provide the Tribunal and the parties with a link to a Cloud-based folder managed by the Registry of the Court;

• (b)the Tribunal shall upload a certified copy of its record to the Cloud-based folder provided by the Registry of the Court;

• (c)the Tribunal shall provide timely notice to the Registry of the Court and the parties once it has uploaded a certified copy of its record, within the earlier of 72 hours of the upload or the expiry of the 21-day period;

• (d)for the purpose of the Tribunal meeting its obligation to file a certified copy of its record pursuant to this Order, the uploading of the record to the Cloud-based folder shall be deemed to constitute the filing of the record with the Court.

2. If it is not feasible for the Tribunal to send a certified copy of its record electronically within the time frame set out above, the Tribunal shall send certified paper copies of its record to the parties and to the Registry of the Court within the time frame set out above accompanied by a statement confirming the Tribunal’s inability to provide an electronic record within that time frame.

3. If it is not feasible for the Tribunal to send either electronic or paper versions of a certified copy of its record within the time frame set out above, the Tribunal shall provide a statement explaining its inability to do so, and (i) on consent of both parties, send electronic or paper versions of its record to each party and to the Registry of the Court by a later date, or (ii) submit an informal motion for an extension of time and revision of the hearing date (as required), pursuant to the Court Notice entitled Informal Requests for Interlocutory Relief.

4. If the Tribunal sends a certified copy of its record in paper format, any party that intends to scan the paper record is encouraged to exchange an electronic copy with the other party and the Registry of the Court as soon as possible.

5. If the Minister intends to apply for the non-disclosure of information or other evidence contained in the certified tribunal record pursuant to s 87 of the Immigration and Refugee Protection Act, SC 2001, c 27, or on some other basis, then the Minister will advise the Court (with a copy to the Designated Proceedings Registry of the Court), the other parties and the Tribunal without delay. Pursuant to this Order, the Tribunal’s obligation to provide a certified copy of its record will then be waived. The Designated Proceedings Registry of the Court will liaise with the parties to establish a timetable for the hearing of the non-disclosure motion.