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)
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.
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.
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.
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.