Refugee Appeal
Division (RAD)

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.

Filing Deadlines and Requirements

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.

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.

Oral Hearings at the RAD

Most RAD appeals are decided based on the written record. However, 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. If an appellant seeks an oral hearing, the request must be clearly made in the appeal record, with detailed reasons explaining why a hearing is necessary for a fair determination.

Possible Outcomes of a RAD Appeal

At the conclusion of an appeal, the RAD may:

1. Allow the appeal and substitute its own decision, granting refugee protection;
2. Allow the appeal and return the matter to the RPD for redetermination by a different panel, with binding directions; or
3. Dismiss the appeal, upholding the RPD’s refusal.

If the appeal is dismissed, the next step may be to seek judicial review of the RAD decision at Federal Court.

Contact Mamann Sandaluk LLP

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.