If your refugee claim is denied by the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRBC), you have the right to appeal to the Refugee Appeal Division (RAD), with certain exceptions.
Right to file an Appeal
If your Refugee claim has been denied by the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRBC), you have the right to appeal to the Refugee Appeal Division (RAD) under specific conditions.
However, you cannot file an appeal if the following cases applies to you:
- Designated as a foreign national.
- Withdrawn or abandoned claim.
- RPD’s decision stated that you claim had no credible basis was manifestly unfounded by RPD.
- Claim made at a land border with the United States under the Safe Third Country Agreement.
- Ministerial applications regarding refugee protection.
- Rejection under Article 1F(b) of the Refugee Convention due to an order of surrender under the Extradition Act.
If you do not have the right to appeal to Refugee Appeal Division (RAD), you may seek a judicial review before the Federal Court.
If you have been given negative decision in their appeal to RAD, you can again appeal the decision of the RAD to review its decision to reject your claim.
Starting an Appeal
If you are able to file an appeal than you must file a notice of appeal to the RAD within 15 days of receiving the written reasons for RPD’s decision.
- Submit three copies of the notice to the RAD Registry at the regional office that issued the original decision.
- The RAD considers new evidence that arose after the rejection of the claim or was not reasonably available during the RPD hearing.
- The evidence must meet criteria including credibility, relevance, newness, materiality, and adherence to statutory conditions.
Timelines for filing an Appeal
- Notice of Appeal: Within 15 days of receiving RPD’s decision.
Appellant’s Record: Within 30 days of receiving RPD’s decision, including new evidence and indicating if an oral hearing is requested.
- RAD Decision: Approximately 90 days after perfecting the appeal, but due to backlog, it may take 1-2 years.
- If you miss deadlines, file an application for an extension of time following RAD Rules, accompanied by explanations and required documents.
Hearings before the RAD
- Usually paper-based, but oral hearings can be granted by RAD if certain documentary evidence raises serious credibility issues central to the decision on the refugee claim.
FAQs
What are my alternatives if my refugee claim is rejected in Canada?
If your refugee claim is rejected in Canada, you have several options:
- Appeal to the Refugee Appeal Division (RAD)
- Request a Judicial Review
- Apply for a Humanitarian and Compassionate (H&C) application
- Seek a Pre-Removal Risk Assessment (PRRA)
What is the deadline for submitting a refugee appeal?
The deadline for submitting a refugee appeal to the Refugee Appeal Division (RAD) is within fifteen (15) days of receiving the judgment from the Refugee Protection Division (RPD).
What happens if I lack the right to appeal?
If you are not eligible to file a claim for refugee status or appeal to the RAD, you may have the option to request leave and judicial review in the Federal Court of Canada.
What is the option of requesting a judicial review if the RAD appeal is unsuccessful?
If the RAD appeal is unsuccessful, you can seek permission for a judicial review in the Federal Court. A reviewing judge assesses for errors of law or irrational decisions based on the evidence. A successful review sends the case back to the RPD for a new decision.
How can I apply for permanent residence on humanitarian and compassionate grounds?
If you have been in Canada for a significant period, you may apply for permanent residence based on Humanitarian and Compassionate (H&C) grounds, considering unique factors making it difficult for you to return to your home country.
What is the Pre-Removal Risk Assessment (PRRA) and when can it be applied for?
If it's been at least one year since a negative RPD decision and you face deportation to a country with changed conditions, you can apply for a PRRA. It assesses the risk you may face if removed from Canada.
What is the distinction between a refugee appeal and a judicial review in the Federal Court?
A refugee appeal challenges the RPD decision's fairness at the RAD, while a judicial review in the Federal Court reviews the legality and rationality of decisions made by the RPD or other immigration authorities.
Is legal aid available for the refugee appeal process or judicial review?
If you meet the criteria for legal aid, you may be eligible for a Legal Aid Certificate to cover the costs of your appeal to the RAD or your application for judicial review.
Note: “The information herein is provided for informational purposes only and should not be construed as legal advice. Read our complete Legal Disclaimer on Website”
