The Refugee Appeal Division (RAD) considers appeals against decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. It also permits claimants to introduce new evidence that was not reasonably available at the time of the Refugee Protection Division Hearing process.
Again, In most cases, appeals to the Refugee Appeal Division will be from a refugee claimant whose claims were negatively determined. However, the minister may also appeal a decision made from a member of the RPD. Like other IRB’s tribunals, appellant will have the right to counsel, the right to present evidence, and the right to be heard- generally through the submission of a memorandum. The appeal may be made against a decision of the RPD to allow or reject a claim for refugee protection(IRPA, s. 110(1)):
1. on a question of law
2. on a question of fact, or
3. on a question of mixed law and fact.
The appellant is permitted to present only evidence that arose after rejection his claim or that was not reasonably available at the time of his RPD hearing, or that he could not reasonably have been expected in the circumstances to have presented at the time of rejection (IRPA, s. 110(4)).
If the Refugee Board rejects your claim, you might be able to appeal that decision at the Refugee Appeal Division (RAD). There could be many reasons for the rejection of your claim at Refugee Protection Division (RPD).It will be a great opportunity for you to show and prove that you are a person in need of protection and be given convention refugee status in Canada. Refugee Appeal requires a subtle understanding of relevant law to have an effective preparation of case, so it is advisable to hire the experience and competent legal representative in order to receive justice on your case. If you’re eligible and ready to appeal, you must show that:
- the Refugee Board made one or more mistakes in its decision, or
- there is new evidence that would have made a difference in the outcome of your claim.
you must file your Appellant’s Record 30 days after you receive your written negative decision from Refugee Protection Division. Your Appellant’s Record includes the negative decision, your legal arguments, and the evidence you’re relying on for your appeal. These processes are all very complicated and have strict timelines. It’s important to try to get legal help. ND Paralegal Services promise you to provide expedited, one-to-one services at the most reasonable fee. If you require further legal assistance, please contact us.
Refugee Appeals are mostly paper base, but oral hearings are permitted in some cases. If the appellant is requesting oral hearing, he should explain why Refugee Appeal Division (RAD) should hold a hearing. Decisions on most appeals are expected within 90 days unless an oral hearing is required.
RAD may hold a hearing if there is documentary evidence that
- Raises a serious issue about the claimant’s credibility;
- Is central to the decision with respect to the refugee protection claim;
- If accepted would have justified allowing or rejecting the refugee protection claim (IRPA.s.110 (6)).
The Refugee Appeal Division (‘RAD’) gives most claimants a chance to prove that the Refugee Protection Division decision was wrong in fact or law or both. However, there are a number of claimants who will not have the right to appeal pursuant to the IRPA, s.110. e.g. DCO claimant, manifestly unfounded claimant etc.
Note that under s.72 (2) (a) of IRPA, applications for leave for a judicial review may not be made until any right of appeal under IRPA is exhausted. For refugee matters, this now includes the right to appeal before the RAD.
Are you eligible to make a Refugee Appeal?
You are mostly eligible to make a refugee appeal except on the following circumstances:
1) If your claim was found to be manifestly unfounded by the Refugee Protection Division
2) If your claim was found to have no credible basis by the Immigration Refugee Board
3) If you fall under an exception of the Safe Third Country Agreement.
4) If your refugee claim was withdrawn or abandoned
5) If the Refugee Protection Division has allowed the Minister to cease or vacate your refugee status
6) If your refugee claim was rejected because of an order to surrender under the Extradition Act
7) If you made a Pre-Removal Risk Assessment Application and have received a decision on that application.
Quick Questions & Answers
ND Paralegal Services has been representing clients in Refugee Appeal division. Refugee Appeals are complicated and preparing on your own will be difficult, so you should get legal help right away. Contact us as soon as possible for the representation.
If you are not eligible to appeal, you can apply for judicial review(link is external) at the Federal Court(link is external). This is different from an appeal. Talk to a lawyer about your options. You will only have 15 days to start a judicial review.
You normally have a 15 day deadline to file your Notice of Appeal. However, all deadlines that would have fallen between January 1, 2020 and April 15, 2020 have been automatically extended to May 30, 2020. All IRB offices are closed but you can fax your Notice of Appeal to the fax number in the papers that came with your refugee decision. For more information, please contact us
RAD could grant your refugee claim or
It can send for new hearing at RPD or
Appeal could be dismissed, and you may apply for judicial review of this decision.
You have to start your appeal 15 days after you get your written reasons from the Refugee Protection Division (RPD). To figure out your deadline, count fifteen days on a calendar starting from the day after you get your written reasons. If the 15th day is a weekend or a holiday that the Refugee Appeal Division (RAD) is closed, your deadline will be the next business day.
It is advisable to submit only the new documentary evidence that were not submitted in your RPD hearing.