Judge Gavel With The Canada Flag In The Background

Refugee Appeal At IAD

Refugee Claimants whose refugee claim has been denied in Canada can appeal the decision to the Refugee Appeal Division (RAD). If you are interested in appealing your refused refugee claim to the Refugee Appeal Division.

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))

How Does An Appeal To the Refugee Appeal Division Work?

Contrary to other appeals, refugee appeals often do not lead to a hearing before a Decision Maker. They can be sent to a hearing, however, only in special circumstances. Most appeals at the Refugee Appeal Division are made via paper application.

Client Preparation & Representation At IAD

ND Paralegal Services will prepare you for your hearing process. Given that the hearings are open to members of the public, such preparation is essential for the ability to answer questions. Naba will make strong arguments for your case during the oral hearings, and will prepare you in the event that the Ministers’ counsel from the Canada Border Services Agency are present, as they may provide evidence or cross-examine you.

Document Preparation For The Hearing

ND Paralegal Services will help you understand that documentary evidence such as telephone bills, photographs, letters, airline tickets, money orders/deposit slips, photographs, videocassettes, receipts for gifts and bank statements are very important in supporting you to win your appeal. Naba will also ensure that you adhere to the required timelines for submitting these documents to the IAD.

Can You Make An Appeal To The Refugee Appeal Division?

Only certain refugee claimants are allowed to make an appeal to challenge a refusal at the Refugee Protection Division. You are not allowed to appeal if:

  • You are a designated foreign national

  • Your refugee protection claim was withdrawn or abandoned

  • The RPD decision says that your claim has no credible basis or is manifestly unfounded

  • Who abandoned or withdrew their refugee claim

  • You made your claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement

  • Your claim for refugee protection was deemed to be rejected under Article 1F(b) of the Refugee Convention because of an order of surrender under the Extradition Act

If you are unable to access the Refugee Appeal Division, you may be able to apply for Leave and Judicial Review at the Federal Court of Canada.

Witness Preparation

ND Paralegal Services prepares witnesses to answer questions at your hearing. Your witnesses will receive proper guidance on how to meet the timelines for providing necessary witness information to the Immigration Appeal Division and the Minister’s counsel. Naba will handle your expert reports and ensure that the reports contain all necessary information. If your witness is outside Canada, he will make proper arrangements for them to testify at the appeal hearing by telephone. He will work with you to ensure that your witness can be reached by telephone during the hearing.

How Can ND Paralegal Services Help?

An appeal is a complicated legal process. Often times, your appeal rests on how you present your case. Having experienced legal representation can often make the difference between a successful and unsuccessful case. Naba's office has successfully handled countless immigration appeals. His office can help file and submit your application to the Refugee Appeal Division. If your application has been rejected, contact his office to discuss your options.

Alternative Dispute Resolutions Process (ADR)

In appropriate cases, ND Paralegal Services will discuss the option of Alternative Dispute Resolution with you. During this process, he will assist you in your dialogues with the Minister’s representative, or a Canada Border Services Agency representative.

In most appeal matters, Alternative Dispute Resolutions can shorten the appeal process, minimize the costs, and provide an opportunity to resolve your appeal immediately after receiving a negative decision. ND Paralegal Services always encourages you to consider ADR in particular matters such as rejection of a permanent residency application, as it is a chance to openly discuss your case, tell your story, and engage in discussion with a representative of the Minister.

Naba Dhungana will take care of at this stage as he can address the important issues in order to expand the opportunity for the application to be resolved positively.