Refugee Appeals

The Refugee Appeal Division (RAD) decides on appeals of decisions, made by the Refugee Protection Division (RPD), to either allow or reject claims for refugee protection. In most cases, the RAD will proceed without a hearing, on the basis of the documents provided by the parties and the RPD record.

If your refugee claim is rejected, you may appeal this decision to the RAD. However, you cannot appeal to the RAD in the following cases:

  • you are a Designated Foreign National (DFN)
  • your claim was referred as an exception to the Safe Third Country Agreement
  • the RPD decided that your claim is manifestly unfounded
  • the RPD decided that your claim has no credible basis
  • your claim was withdrawn or declared abandoned
  • your claim was referred to the IRB before the coming into force of the new refugee protection provisions

In addition, you cannot appeal to RAD about:

  • a decision from a rehearing of a claim that was referred to the IRB before the coming into force of the new refugee protection provisions
  • a decision on a Minister’s application to vacate refugee protection or on a Minister’s application for cessation of refugee protection
  • the deemed rejection of a claim because of an order of surrender under the Extradition Act
  • a decision on a Pre-Removal Risk Assessment (PRRA)

Please contact an immigration lawyer at Mamann, Sandaluk & Kingwell LLP if you need to file an appeal for your refugee claim.  Every case is unique to the individual, and legal representation is recommended for appeals to the RAD.

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