What is the process if the Minister is appealing a decision?

Some of the rules and time limits that apply to appeals by the Minister are different from those that apply to appeals by a claimant or protected person. 

The Minister must give a copy of the notice of appeal to the respondent before filing it with the Refugee Appeal Division. They must also give the respondent a copy of the appellant’s record before filing it with the Division.

The respondent has the right to file a ‘notice of intent to respond’ followed by a ‘respondent’s record’. In each case, the respondent files with the Minister first and then with the Division.