Appeal for refusal of Refugee Claim
- Appeal to Refugee Appeal Division (RAD)
When you appeal to the RAD, you are asking a higher tribunal (the RAD) to review the decision made by a lower tribunal, Refugee Protection Division (the RPD). You must show that the RPD made mistakes in its decision. These mistakes can be about the law, the facts, or both. The RAD will decide whether to confirm or change the RPD decision. It may also decide to send the case back to the RPD for re-determination, giving the directions to the RPD that it considers appropriate.
The RAD generally makes its decision without a hearing, on the basis of the submissions and the evidence provided by the parties. In certain circumstances, the RAD may allow you to present new evidence that the RPD did not have when it made its decision. If the RAD accepts your new evidence, it will consider the evidence in its review of your appeal. It may also order an oral hearing to consider this new evidence.
- Eligibility for Appeal
Unless your claim falls into one of the restrictions listed below, you have the right to appeal to the RAD.
You cannot appeal the RPD decision to reject your refugee protection claim if:
- you are a designated foreign national;,
- your refugee protection claim was withdrawn or abandoned;
- the RPD decision says that your claim has no credible basis or is manifestly unfounded;
- you made your claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement
- the Minister made an application to cease (end) your refugee protection, and the RPD decision allowed or rejected that application;
- the Minister made an application to vacate (cancel) the decision to allow your refugee protection claim, and the RPD decision allowed or rejected that application;
- your claim was referred to the RPD before the relevant provisions of the new system came into force in December 2012;
- your claim for refugee protection was deemed to be rejected under Article 1F(b) of the Refugee Convention because of an order of surrender under the Extradition Act.
- Appeal Process
There are two steps involved in appealing to the RAD:
1. Filing your appeal
You must file your notice of appeal to the RAD no later than 15 days after the day on which you received the written reasons for the RPD decision. You must provide three copies of your notice of appeal to the RAD Registry in the regional office that sent you your RPD decision.
2. Perfecting your appeal
2. You must perfect your appeal by providing your appellant's record to the RAD no later than 30 days after the day on which you received the written reasons for the RPD decision. You must 2. provide two copies of your appellant's record to the RAD Registry in the regional office that sent you your RPD decision.
- Hearing Process
In most cases, the RAD does not hold a hearing. The RAD usually makes its decision using the information in the documents that you and the Minister provide, as well as the information that was considered by the RPD decision-maker. If you believe that there should be a hearing for your appeal, you should ask for a hearing in the statement you provide as part of your appellant's record and explain why you think a hearing should be held. The member may also decide that a hearing is needed in specific circumstances. If so, you and the Minister will receive notices to appear for a hearing.
- Outcome of the Appeal
The RAD or Refugee Appeal Division is the division of the IRB that decides whether to:
- confirm the determination of the RPD;
- set aside the determination and substitute a determination that, in its opinion, should have been made; or
- refer the matter to the RPD for re-determination, giving the directions to the RPD that it considers appropriate.
- Authorized Counsel
If your counsel is charging you a fee or receiving other payment, then they must be one of the following:
- a lawyer or a paralegal who is a member in good standing of a provincial law society;
- a member in good standing of the Chambre des notaires du Québe ; or
- an immigration consultant who is a member in good standing of the Immigration Consultants of Canada Regulatory Council.