If you disagree with a negative refugee decision made by the Refugee Protection Division (RPD) and want to appeal, you can appeal to the 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 (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.
To launch an appeal, you must file a notice of appeal to the RAD within 15 days after the day on which you received the written reasons for the RPD decision.
Who cannot Appeal?
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- Your refugee protection claim was withdrawn or abandoned;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 for refugee protection was deemed to be rejected for having committed a serious non-political crime outside Canada prior to your admission to Canada because of an order of surrender under the Extradition Act.
When and how do I Appeal to the RAD?
There are two steps involved in appealing to the RAD:
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 (or one copy only if submitted electronically)of your notice of appeal to the RAD Registry in the regional office that sent you your RPD decision.
Perfecting your appeal
You must perfect your appeal by providing your appellant’s record to the RAD no later than 45 days after the day on which you received the written reasons for the RPD decision. You must provide two copies of your appellant’s record (or one copy only if submitted electronically)to the RAD Registry in the regional office that sent you your RPD decision.
Decision to consider new evidence
If you state in your appellant’s record that you are presenting new evidence to support your appeal, the RAD will decide if the new evidence meets the following test:
- It did not exist when the RPD rejected your claim;
- It was not reasonably available when the RPD rejected your claim; or
- In the circumstances, the RPD could not reasonably have expected you to have provided it when it rejected your claim.
Will there be a Hearing?
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 RAD member (decision-maker) 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. The notice will tell you the date, time and location of your hearing. The notice will also tell you what issues the RAD will consider at the hearing.
Decision to have a hearing
A RAD hearing will only be held if you provided new evidence (as described above) and the member agrees that the new evidence:
- Shows that there might be a serious issue about your credibility;
- Is central to the decision on your claim; and
- If accepted, would provide a good reason to allow or reject your refugee protection claim.
What types of Decision can a RAD Member make?
The RAD member will make one of the following decisions:
- Confirm (agree with) the RPD decision;
- Set aside (disagree with) the RPD decision and replace it with a different decision; or
- Refer (send) the case back to the RPD and order a new hearing, giving the RPD the directions that it considers appropriate.
Get in Touch for more information, applying for refugee protection from inside Canada, submitting BOC Form, representing you at Refugee Protection Division (RPD) or Refugee Appeal Division (RAD).