What is the Refugee Appeal Division?

The Refugee Appeal Division (RAD) provides a venue to challenge a decision made regarding refugee status. It allows most claimants a chance to prove that their RPD decision was wrong in fact or law and also gives them the opportunity to introduce new evidence that wasn’t reasonably available at the time of the RPD process.

What is the RAD?

The Refugee Appeal Division (RAD) reviews decisions of the Refugee Protection Division (RPD) that allow or reject claims for refugee protection.

The RAD can confirm or change the RPD decision or it can send the case back to the RPD for a fresh hearing, giving the direction that it considers appropriate.

Generally, RAD makes its decision without a hearing and on the basis of the documents you and the Minister provided, as well as on the information from your RPD record.

In some cases, you may be able to present new evidence to the RAD that the RPD did not have when it made its decision.

The RAD usually decides appeals within three months of when the notice of appeal or appellant's record is due. If you do not receive a decision by this time, you can apply for leave and judicial review at the Federal Court.

How do I start an appeal?

If you received a negative Refugee Protection Division (RPD) decision and you are eligible to appeal, you must file a Notice of Appeal with the Refugee Appeal Division (RAD). You must do so within 15 days of the day the written reasons were given to you.

The RAD will review your RPD decision and decide whether to overturn it or accept it. You have a chance to prove that the decision was wrong based on fact, law or both.

Normally, the RAD will decide your case without having to hold a hearing. However, there are some circumstances that will require a hearing.

The RAD rules explain what you need to include in your main document that you file with the RAD, called an Appellant's Record. It usually contains an affidavit, any evidence you seek to rely on as part of your appeal and a detailed memorandum of law that sets out your legal arguments.

What if I cannot appeal a rejected refugee claim?

A rejected refugee claim is a difficult situation, and it can be even more complicated if you are ineligible to appeal. For example, you can’t make an appeal to the RAD if you are under the Safe Third Country Agreement, your refugee claim was withdrawn or abandoned, or the RPD found that your claim had no credible basis or was manifestly unfounded.

If you can’t appeal to the RAD, you may want to consider filing an application for leave and for judicial review at the Federal Court of Canada. The Federal Court has the power to set aside a decision refusing your refugee claim if it decides that you were unfairly treated or that the decision was made in an unreasonable way.

Your best bet is to consult with a ronen kurzfeld immigraion lawyer https://www.immigrationway.com/ to find out which options are available to you. An immigration and refugee law specialist can help you decide whether pursuing an appeal before the RAD or an application to the Federal Court is the right path for you.

What happens if I get a negative decision?

If you get a negative decision with the RAD, you may be able to try to set it aside. If you do this, the Refugee Board will be required to reconsider your claim and give you another chance.

However, you have to make sure that you do it within a certain time period. Most appeals take place on paper, with oral hearings only in very rare cases.

Once you have started an appeal, the RAD will send you a form called a notice of appeal that will ask you to submit documents and arguments for the RAD to consider. You also need to include a statement that says you are submitting new evidence and whether you want to have an oral hearing.

The RAD will then review your written documents and the information that you and the Minister provided. If it decides that you have a strong case, it may order a hearing. You will then have to reply to the RAD and the Immigration Minister.