Refugee Appeals

The Refugee Appeal Division (RAD) decides appeals of decisions made by the Refugee Protection Division (RPD) to 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.

1. How to appeal to the Refugee Appeal Division?

  • Once you receive the written reasons for the decision from the Refugee Protection Division, you have 15 days to file a Notice of Appeal;
  • You have 30 days from the day you received your written reasons for the RPD decision to perfect your appeal by filing an Appellants Record;
  • The Minister may choose to intervene at any point in the appeal;
  • The RAD Member makes a decision on your appeal. In most cases, this decision will be provided to you no later than 90 days after you have perfected your appeal, unless an oral hearing is held.

2. Who does not have the right of appeal?

  • 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  • Your claim was withdrawn or declared abandoned;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).

Avoid the refusal of your application due to filling of the forms without knowledge of the law. Once an application is refused, a permanent record is created. Seek professional help from an experienced, ICCRC certified consultant. Get help by contacting our service hotline at (647)797-2318 or email to info@viausimmigration.com to book a consultation today!