Refugee Appeals Canada - MSK | Immigration Lawyers

​Refugee Appeals Canada

Has your claim for refugee protection been rejected

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You still have one more opportunity to have your case heard at the Refugee Appeal Division

More Information About the Process

In the event that you have made a refugee claim that was refused by the Immigration and Refugee Board (IRB), you still have one more opportunity to have your case heard at the Refugee Appeal Division (RAD).

The RAD is a useful avenue for redress of your claim for two reasons, since the RAD: 

1. gives most claimants the opportunity to try and prove that the Refugee Protection Division (RPD) decision was wrong in fact and/or law; and

2. allows new evidence to be introduced to the record that was not reasonably available at the time the RPD made its decision.

Appeals before the RAD are rarely conducted orally, and are most often reviewed in writing. In order to make sure that this route is open to you, it is important to act quickly as soon as you receive the refusal of your refugee claim from the IRB since the RAD is subject to extremely strict deadlines. If you miss a deadline, you may miss out on your opportunity to appeal the refusal of your claim. 

Once an appeal is submitted to the RAD, the member reviewing your claim will determine whether there is merit to the appeal. If your appeal is successful, the RAD may proceed in one of two ways, by either: 

1. Returning your application back to the RPD for redetermination according to new instructions;  or

2. Substituting its own decision for the RPD’s, and granting your claim for refugee protection.


​Frequently asked questions about refugee appeals (RAD)

1. How do I know if I have a right of appeal to the RAD?

Although there are some limitations, many individuals who have had hearings before the RPD have the right to appeal their case to the RAD. Certain notable exceptions to this principle however are: individuals who have entered Canada at the US border and benefited from an exemption to the Safe Third Country Agreement, people whose claims have been found to be manifestly unfounded, people who have been excluded from refugee protection.

2. How much time do I have to file an appeal to the RAD?

There is a strict deadline, which runs 15 days from the day that you became receive the decision rejecting your refugee claim. If you miss this deadline, you may be unable to have your appeal heard at the RAD.

3. What kind of evidence can the RAD consider?

The RAD may only consider ‘new’ evidence that was not before the RPD because it was not previously available. Although the RAD does review RPD decisions, it will not simply re-examine the same evidence that was before the RPD. Similarly, when new evidence is submitted, it must be explained why that is evidence was not before the tribunal at the time of the hearing of the refugee claim itself.

4. What else can the RAD consider?

The RAD is also able to consider whether the RPD committed errors of law in rendering its decision. This may mean that it rendered a decision that was unreasonable or illogical, or that they misapplied the relevant law on refugee determination.

Can Mamann, Sandaluk & Kingwell help me with my RAD appeal?

The litigation group at Mamann, Sandaluk & Kingwell is very experienced at representing clients before the RAD. Being very experienced before the RAD as well as Federal Court, our lawyers have an intimate knowledge of the law of refugee protection in Canada. We also have a great track record for success in representing appellants at the RAD itself.

If your claim for refugee protection has been recently rejected, please call the lawyers at Mamann, Sandaluk & Kingwell without delay and schedule an immediate and thorough consultation in order to review the reasons for your refusal and determine whether the prospects of success on your appeal with that decision.

My family had several US visa application rejections and a very complicated immigration case during my Canadian PR application. Daniel and his assistant Linda were very helpful, knowledgeable, and always patiently answer every question I had. Most importantly, families' PR got approved. I know their fee is higher than other company but it is totally worthy in my case. The US attorneys in this firm, Catherine and Kelly, help my parent US visitor visa extension and my US visa application. They always response my question quickly and explain in detail step by step. I highly recommend this firm.
Stephen Li
20:48 24 May 18
One of the best Law firm I ever found, I had some critical issues of my PR ,there were some days were lapsed. After concerning with couple of law firms I was misled as well as downhearted. One of my colleague referred me and advised about this Law firm and finally I was lead to a right direction . Mamann, Sandaluk & Kingwell LLP, service is up to the standard . Certainly want to highlight my great Barrister Cheryl Robinson, she is an angel, who guided me also advised me how to deal with my case and Mini ( Legal Assistant )who was always communicating with me time to time about my paperwork in professional manner , every time she welcomed me with warm wishes what gave me moral support in my difficult situation , also Sarah( Legal Assistant) she was excellent too. Last but not least I want thank to Barrister Joel who made this great team .This firm was perfectly adequate for my needs. Thumbs up to all! You all did a great job and helped me to overcome my agitation.
sharmin ahmed
21:50 13 May 18
Wow. Where can I start?, First I want to say a BIG thank you to Peggy for doing an amazing job. Hosay you have done well in filling the slots for Peggy - As an assistant- Keep up the good job guys These guys were on top of things, quick on emails and follow ups. Hats off to MS&K; the best I have came across. Blessings and more blessings to all the staff at MS&K..😍🤗😍
Dian Douglas
19:50 07 May 18
Had such a great experience here. Always responded to my questions in a timely manner. Any issues I had with the immigration process were dealt with immediately. Would recommend them to anybody with immigration needs.
Ross Bushnell
14:42 06 Apr 18
My partner and I spent a significant amount of time searching for a lawyer and could not find anyone that gave us the confidence and trust we were looking for. After stumbling across Adam Hummel's blog, we knew we finally found someone who could relate to our circumstance. His writing alone instilled a sense of confidence in us and after an initial phone conversation, we knew we wanted him to represent us. Adam was able to share his insight from his experiences working on cases similar to ours and even provided us with a predicted timeline that was much faster than we had expected. We submitted our case in January 2018 and within a month received a positive response. Throughout the process, Adam was quick to answer our questions and we had many! We highly recommend him if you are looking for an immigration lawyer.
Gurpreeth Singh
06:04 13 Mar 18
My brother and I retained the services of the firm to sort out an issue regarding sponsoring our parents. I initially went to the firm because of the Google reviews. I am glad that I did. We met with Joel Sandaluk, and from the get-go he was very professional, organized and methodical. Trust me when I say professional. On our first meeting Joel laid down the plan on how he would like to approach our case that would lead to more chances of success and take less amount of time. Joel knows his stuff and I am not afraid to recommend him to my friends or anyone looking for top-notch immigration lawyers.
Adeeb Kabir
17:10 01 Mar 18
This firm is the gold standard when it comes to immigration. I've dealt with other immigration law firms before, and the quality in communication, transparency, professionalism, and dedication is absolutely right up there. I had the pleasure of working with Daniel and Linda, and I never had to visit the office more than once - when signing the retainer. We regularly communicated via email, and the occasional phone call, and the quality of communication and feedback was phenomenal to say the least. What stood out about Daniel and Linda was that they took a deep interest in my application and displayed their deepest levels of dedication and conviction to ensure that we got everything successfully sorted. Everything was successfully completed, submitted, and accepted - all in record time - and I've never seen my lawyers more than once. That's success right there!
Mir Ali Khan
16:28 01 Mar 18
Natalie Domazet was conscientious, thorough, and incredibly helpful. I was blown away by her patience and ability to communicate processes in a digestible manner that made everything feel seamless. I would highly recommend her - If there were more than 5 stars available, she'd get 6!
Madi Chambers
22:30 16 Feb 18
This firm greatly assisted our son with an immigration issue in a most expedient manner. The lawyers including Joel Sandaluk and Natalie Domazet were very skillful and understood the governmental process quite well. As parents we appreciate their compassion and understanding.We would highly recommend this firm.
Joe Rabun
17:52 11 Feb 18
Our experience with this firm was beyond amazing. Sandra is the most professional, hard working, organized, helpful person to work with. My husband and I have worked with 2 other law firms over the last 5 years and we never got close to submitting our application because they were so disorganized. Sandra worked tirelessly to make sure we had the appropriate forms filled out correctly and all of the supporting documents in place to get our application submitted quickly. We are so grateful to have found her.
Sarah Dyer
13:11 02 Feb 18
I am forever grateful to Joel Sandaluk and his team for their help in my parents complicated immigration matter. They were extremely professional, kind and helpful during the whole application process and now my parents have received a positive decision after having multiple refusals in past.I would strongly recommended this firm for any type of immigration related issues and I thank them once again for being there for me during every step of my parents Immigration process.
Amer Syed
02:31 28 Jan 18
Cheryl Robinson was my lawyer when she was still at her old law firm office and due to her high cooperation and professionalism, I have chosen to transfer my file from the previous law firm to keep Cheryl my lawyer. She have done great work for my refugee case and I had obtained the approval even without hearing. I do recommend Cheryl for any immigration case.
Fawaz Shaya
19:08 19 Jan 18
Sometimes you pray to God for a Direction and you never realized that your prayer has been heard by leading you to the right, friendly, wonderful people who know what they are doing, when and how it is supposed to be done. Thank you Mamann, Sandaluk & Kingwell for your hard work and Dedication .May God be with you all. 🙂
Bright osahon
11:07 13 Jan 18
The best law firm I and my husband met, especially Daniel Kingwell Lawyer, gave me great help and comfort. Our immigration case was a really complicated and hard journey, and yet it is a blessing to meet Daniel Kingwell Lawyer in a time of much pain. He made thorough preparations and responses to legal help and Appeal. At attorney's fees, It is also considered reasonable. My family is very grateful. If you need to be honest and professional, I strongly recommend this Lawfirm.
Eunmee Yoon
02:41 11 Jan 18
Very good, professional and helpful lawyers!! I have never seen better lawyers than Daniel Kingwell who saved our life and made to stay here forever!! Very reasonable prices!! We worked with Daniel Kingwell of our H&C application and Federal Court application, and we also worked with Ali Esnaashari with detention review and release from detention. Best lawyers I recommend them for all types of Immigration cases!!
Michael Ivancsik
04:15 09 Jan 18
I feel grateful that I was able to use the fantastic service, skills and eloquent knowledge provided by this law firm. Ms. Anikka Hammett immediately and kindly responded to my call when I lost my student status in summer 2017 and could not continue my PhD because of it. Together with her colleague Ms. Daphne Wong they not only gave me excellent legal advice, but also took care of the whole case in a reliable and professional manner. My status was restored fast and successfully with their help. It reassured me that I will use their valuable work even in the future when I am applying for work permit and permanent residency.
Andrea Prajerova
10:36 05 Jan 18
Our case is still on-going and it is rather peculiar. But, having been introduced to Daniel Kingwell at a later stage in the process, we have had nothing but outstanding, professional help in all our legal matters. The knowledge of Mr. Kingwell regarding immigration matters is second to none, and his team of para-legals and assistants, truly is amazing. Not only is Mr. Kingwell's knowledge and experience extremely extensive, but the manner in which he makes his clients at ease is beyond anything that we have had the experience of dealing with (Having met a whole tranche of lawyers - I can safely testify to that).I would definitely reccomend Mamann, Sandaluk & Kingwell for all immigration related matter.
Haseeb Virk
18:11 04 Jan 18
He is the best lawyer I ever met. He helped us in our refugee case. He is very talented at what he does. In two weeks he changed our status from illegal to legal!!! Im very happy I found him. Without his help our family would seperated and deported for now. So I cant explain how me and my family feel thankful to his work. He did what we thought its impossible and other lawyers said they are not able to help. He was charging very reasonable prices. He took his time and sit with us to explain everything for us to understand proper. I recommend him for everyone who need a responsible, talented and honestly lawyer.
Ivancsik Virginia
16:17 03 Jan 18
Our immigrant application's whole process is a long story. When we were despairing of our case, we knew Cheryl, Sarah and their office. With their professional knowledge and experiences, they helped us getting what belong to us. Thanks for their help and hope they can give legal aid to more ane more people!
Leon Lee
02:15 08 Dec 17
Absolutely fantastic firm. My husband and I had to go through a sponsorship appeal for him to be able to join me in Canada. Our initial lawyer went on mat leave and Natalie Domazet took over our appeal. Natalie has been absolutely fantastic. Not only has she provided us with the legal advice and preparation but she has also been a fantastic moral support through what I can only describe one of the most stressful times in my life. From preparing our appeal to the smallest details and going out of her way to accommodate our busy schedules and time zone differences, to being there for us and being a fantastic moral support and encouragement and not just looking at us as just another legal matter. Through her fantastic prep work and experience, we had our appeal allowed and my husband will come to Canada within the next half a year after a very stressful 4 years. I would recommend Natalie Domazet with my whole heart for her fantastic work. We greatly appreciate all her help.
Sinziana Bratu
23:23 06 Nov 17
Me and my sister feel very lucky that we heard about this firm and we actually got to know Joel in person . Our parents got refused through the family sponsorship application . We went and spoke to Joel about our problem and we were surprised the way he talk to us and how confident he was on what we should be doing next . It didn’t feel like we were meeting him for the first time we felt like we knew him for the entire life , that’s how comfortable he made us feel . We went there with no hope and walked out of his office with the big smile . Another thing that surprised me was the way that they run that place everything organized and looked like a factory that produces solutions and hope for people that they need help . We are not finished with our application but we are more than 100% sure that we are in good hands . I will always recommend them to my friends and relatives , whoever is going to read my rivew I will tell them don’t hesitate you are in good hands because you found the right person to work with , Good Luck to everyone with their application and a big thank you to Joel , Mini and the entire firm that make things happened. Thank You !
spartak muso
04:37 04 Oct 17
This is my 1st review based upon my today's meeting, After going through few lawyers profiles and speaking to them directly, inquiring about their fees and other details, I decided to choose this firm. I met Joel, Asiya and Mini today.I was about half and hour late due to traffic and parking time, but Joel was very patience. I found Joel and his whole team very professional,compassionate, understanding and knowledgeable . Joel is very accommodating, he also offered me options for easy payment. And assured me he will look into my case personally and will try to expedite it, as it was above the average processing time . I will keep everybody posted about my future experience. But I already have a great sense of security and satisfaction that i met right people and God willing my wife and children will be here soon:)
Asim Ali
06:43 26 Aug 17
Natalie Domazet is amazing. She is very passionate about what she does, caring, realistic, and honest. Natalie has a wealth of knowledge and experience when it comes to appeals for PR cases because she's worked on both sides. Anybody would be lucky to have her represent them because they would be in great hands. She is very thorough in the way she deals with her cases and thinks of everything that needs to be covered. She's also a really kind person and makes you feel at ease; she always answers calls, emails, and even texts promptly. Natalie really goes above and beyond for her clients and makes sure she's very well prepared. I cannot say enough positive things.
Sophia C
16:56 21 Jun 17
I needed a lawyer 6 months after I had applied for PR through Express Entry and received a request letter from Immigration Canada. After meeting a couple of lawyers, we decided Daniel Kingwell and his team to be the most professional and experienced. Daniel was calm, structured and direct which was exactly what we needed as we were distraught and anxious. His experience and Christina's organisation kept us informed at every step of the way through emails, phone calls and scheduled meet ups. Prior to the submission of the required documents to Immigration Canada, Daniel met with us to explain the response he had drafted and why he had decided on this particular approach. Thanks to Daniel and his team we received my confirmation of PR in less than a month! My wife and I couldn't be happier and more grateful for the exceptional hard work and service we received. If you are looking around for a good Immigration lawyer, Daniel and his team are grand. "Thank you very much Daniel and Christina, for giving us a chance to continue our future here in Canada."
Melwyn Almeida
16:06 15 Jun 17
I contacted migration law on a holiday weekend and immediately got a response from Ali Esnaashari. When I met with Ali he was compassionate, professional and thorough. He dealt with my spouse's detention review and hearing. Ali is knowledgeable and with his preparation he successfully won our case and my spouse was released from detention. We are so grateful for his expertise and professionalism. We definitely recommend him! In regards to migration law as a firm their employees are very friendly and helpful (we mainly dealt with Mini who was fantastic). My only suggestion however would be that migration law consider implementing a payment plan option that would afford those who would like to continue forth with other services.
Lisa Biernat
14:24 03 May 17

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