Refugee Appeals in Canada - Process, Timelines, and Legal Help
What Is a Refugee Appeal in Canada?
A refugee appeal is a request to the Refugee Appeal Division (RAD) of the Immigration and Refugee Board of Canada to review a decision made by the Refugee Protection Division (RPD). If your refugee claim has been refused, the RAD provides an opportunity to challenge errors in the RPD’s decision, and in some cases, present new evidence that was not previously available. The RAD’s role and procedures are governed by the Immigration and Refugee Protection Act (IRPA).
If your refugee claim has been refused by the Refugee Protection Division (RPD), you may have the right to appeal to the Refugee Appeal Division (RAD) of the Immigration and Refugee Board of Canada. The RAD provides an important opportunity to challenge errors in the RPD’s decision and, in some cases, present new evidence that was not previously available.
Not all refused claimants have a right of appeal. For example, claims that are found to be manifestly unfounded or fall within certain designated categories may be excluded from RAD jurisdiction. In those cases, the only available remedy may be an application for judicial review in the Federal Court. Because these distinctions are critical and time-sensitive, it is essential to obtain legal advice immediately after receiving a refusal.
Who Can File a Refugee Appeal in Canada?
Most claimants whose refugee claim has been refused by the RPD have the right to appeal to the RAD. However, certain categories of claimants are excluded from RAD jurisdiction, including claims found to be manifestly unfounded and claims falling within certain designated categories. In these cases, the only available legal remedy may be an application for judicial review at the Federal Court. Because these distinctions are time-sensitive and can significantly affect your options, it is important to obtain legal advice immediately after receiving a refusal.
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The Refugee Appeal Process in Canada (Step-by-Step)
Filing a Notice of Appeal
The appellant must perfect the appeal within 45 days from the date the Refugee Protection Division decision was received by submitting a complete appeal record, including legal submissions and supporting evidence.
Submitting the Appeal Record
The appeal record is the foundation of your case before the RAD. It must include comprehensive legal submissions identifying errors in the RPD’s decision, along with all relevant supporting evidence. This typically includes the evidence originally filed at the RPD hearing, as well as any new evidence that meets the RAD’s admissibility requirements. Where the Minister (through the Canada Border Services Agency) participates in the appeal, a reply to the Minister’s submissions may also be required.
Review by the Refugee Appeal Division
Most appeals are decided based on the written record. The RAD may order an oral hearing where there are serious concerns about credibility findings made by the RPD, or where new evidence raises significant issues central to the claim. A request for an oral hearing must be clearly made in the appeal record, with detailed reasons explaining why a hearing is necessary.
Deadlines for Filing a Refugee Appeal
Strict timelines apply to all RAD appeals. A Notice of Appeal must be filed within 15 days of receiving the RPD’s written decision. Within 45 days, the appellant must perfect the appeal by submitting a complete appeal record. If these deadlines are missed, an extension of time must be requested, supported by a detailed and persuasive explanation accounting for the entire period of delay.
Evidence Used in a Refugee Appeal
When New Evidence Is Allowed
New evidence may be accepted by the RAD only in limited circumstances — typically where it arose after the RPD’s decision, was not reasonably available at the time of the hearing, or the claimant could not reasonably have been expected to present it. The RAD applies a strict test when assessing whether new evidence is admissible.
Supporting Documents for Refugee Appeals
A strong appeal record typically includes the evidence originally filed at the RPD hearing, detailed legal submissions identifying errors in the RPD’s reasoning, and any admissible new evidence. Where the Minister participates in the appeal through the Canada Border Services Agency, a reply to the Minister’s submissions may also be required.
Possible Outcomes of a Refugee Appeal
Appeal Allowed
Allow the appeal and substitute its own decision, granting refugee protection.
Appeal Dismissed
Dismiss the appeal, upholding the RPD’s refusal.
Case Returned to the Refugee Protection Division
Allow the appeal and return the matter to the RPD for redetermination by a different panel, with binding directions.
What Happens If a Refugee Appeal Is Refused?
Judicial Review at the Federal Court
The next step may be to seek judicial review of the RAD decision at Federal Court.
Pre-Removal Risk Assessment (PRRA)
In some circumstances, individuals facing removal after a dismissed refugee appeal may be eligible to apply for a Pre-Removal Risk Assessment, which considers new risks or changed circumstances arising after the RAD decision.Eligibility restrictions apply to Pre-Removal Risk Assessment applications depending on the circumstances and timing of the previous refugee claim or appeal.
Humanitarian and Compassionate Applications
A Humanitarian and Compassionate application may provide an alternative pathway to remain in Canada based on personal circumstances, even where a refugee appeal has been unsuccessful.Eligibility restrictions may also apply to applications for permanent residence on humanitarian and compassionate grounds.
How Our Law Firm Can Help With Refugee Appeals
Appeals before the Refugee Appeal Division are highly technical and time-sensitive. Success depends on identifying reviewable errors, preparing a complete evidentiary record, and advancing precise legal arguments.
Mamann Sandaluk LLP’s team of experienced lawyers has extensive experience representing refugee claimants at all levels of the immigration system, including complex RAD appeals and Federal Court litigation. Contact our office today to schedule a consultation and protect your right to remain in Canada.
We assist clients with reviewing the original RPD decision to identify reviewable errors, preparing a complete and persuasive appeal record, submitting admissible new evidence, and advancing precise legal arguments before the RAD.
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Frequently asked questions about
Refugee Appeal Division
Most claimants have the right to appeal a refused claim to the RAD, though certain categories of claims are excluded from RAD jurisdiction. A lawyer can confirm whether you have a right of appeal.
Processing times vary depending on the complexity of the case and current RAD volumes. Written-record appeals are generally decided faster than those involving an oral hearing.
Generally, yes — claimants are typically permitted to remain in Canada while their appeal is pending before the RAD.
New evidence may be accepted only in limited circumstances, such as where it arose after the RPD decision or was not reasonably available at the time of the hearing.
You may be able to apply for judicial review at the Federal Court, a Pre-Removal Risk Assessment, or a Humanitarian and Compassionate application, depending on your circumstances.
While not legally required, refugee appeals are highly technical and time-sensitive. Experienced legal representation significantly improves the quality of the appeal record and legal arguments presented.
Most claimants have the right to appeal a refused claim to the RAD, though certain categories of claims are excluded from RAD jurisdiction. A lawyer can confirm whether you have a right of appeal.
Processing times vary depending on the complexity of the case and current RAD volumes. Written-record appeals are generally decided faster than those involving an oral hearing.
Generally, yes — claimants are typically permitted to remain in Canada while their appeal is pending before the RAD.
New evidence may be accepted only in limited circumstances, such as where it arose after the RPD decision or was not reasonably available at the time of the hearing.
You may be able to apply for judicial review at the Federal Court, a Pre-Removal Risk Assessment, or a Humanitarian and Compassionate application, depending on your circumstances.
While not legally required, refugee appeals are highly technical and time-sensitive. Experienced legal representation significantly improves the quality of the appeal record and legal arguments presented.
