Refugee Appeal Division

Overview of the Refugee Appeal Division

The Refugee Appeal Division (RAD) provides a venue to challenge a refusal of a refugee claim by the Refugee Protection Division (RPD). It gives most claimants a chance to prove that the Refugee Protection Division decision was wrong in fact or law or both. It also permits claimants to introduce new evidence that was not reasonably available at the time of the Refugee Protection Division process.

This right to appeal must be exercised within 15 days after receiving dismissal of refugee claim by filing a Notice of Appeal with the RAD. This type of appeal is paper-based, but oral hearings are permitted in exceptional cases. Decisions on most appeals are expected within 90 days unless an oral hearing is required. However, over the past year these timelines have been extended to over one year. Failed claimants before the RAD can still ask the Federal Court to review a negative decision.

However, the following failed refugee claimants are not eligible to appeal to the Refugee Appeal Division:

• those with a manifestly unfounded claim as decided by the IRB
• those with claims with no credible basis as decided by the IRB
• claimants who are subject to an exception to the Safe Third Country Agreement
• claims referred to the IRB before the new asylum system comes into force and re-hearings of those claims as a result of review by the Federal Court
• individuals who arrive as part of a designated irregular arrival
• individuals who withdrew or abandoned their refugee claims
• those cases in which the Refugee Protection Division at the IRB has allowed the Minister’s application to vacate or cease their refugee protection
• those with claims deemed rejected because of an order of surrender under the Extradition Act
• those with decisions on PRRA applications

However, the following failed refugee claimants are not eligible to appeal to the Refugee Appeal Division:

• those with a manifestly unfounded claim as decided by the IRB
• those with claims with no credible basis as decided by the IRB
• claimants who are subject to an exception to the Safe Third Country Agreement
• claims referred to the IRB before the new asylum system comes into force and re-hearings of those claims as a result of review by the Federal Court
• individuals who arrive as part of a designated irregular arrival
• individuals who withdrew or abandoned their refugee claims
• those cases in which the Refugee Protection Division at the IRB has allowed the Minister’s application to vacate or cease their refugee protection
• those with claims deemed rejected because of an order of surrender under the Extradition Act
• those with decisions on PRRA applications

Process Before the Refugee Appeal Division

The RAD may refuse the appeal or allow the appeal and refer the case back to the RPD to re-hear the case or to allow the appeal and substitute the RPD’s decision. Generally, the steps before the RAD are as follows:

1. The RPD refuses a refugee claim.
2. The claimant (or the Minister if they wish to appeal a positive decision from the RPD) files an appeal to the RAD.
3. If eligible for appeal, the claimant and, if applicable, the Minister submits written submissions and evidence, including any evidence that was not reasonably available at the time of the Refugee Protection Division hearing, to the Refugee Appeal Division advocating for an alternate decision.
4. If no oral hearing is required, the RAD will review all the submissions and evidence and render a decision.
5. The appeal is refused and a removal order is issued. or
6. The appeal is allowed and remitted to the Refugee Protection Division. or
7. The appeal is allowed and the Refugee Appeal Division grants the application and the claimant receives protected person status and then applies for permanent residence.

In order for the appeal to prosper, the claimant must argue that the decision of the RPD was unreasonable and incorrect. In so doing, care must be exercised in presenting evidence to support the reversal of the decision of the RPD. At AJ LAW LLP, we have immigration lawyers experienced and competent to handle this kind of appeal.

Get in touch with our Angeles & de Jesus Law LLP or AJ LAW LLP team at 160 Eglinton Avenue East, Suite 406, Toronto, ON or via phone at +1 (416) 409-5991 or email us at info@ajlawpartners.ca for your FREE INITIAL CONSULTATION. You can also visit our website https://www.ajlawpartners.ca/ for more information about the services we offer.

Process Before the Refugee Appeal Division

The RAD may refuse the appeal or allow the appeal and refer the case back to the RPD to re-hear the case or to allow the appeal and substitute the RPD’s decision. Generally, the steps before the RAD are as follows:

1. The RPD refuses a refugee claim.
2. The claimant (or the Minister if they wish to appeal a positive decision from the RPD) files an appeal to the RAD.
3. If eligible for appeal, the claimant and, if applicable, the Minister submits written submissions and evidence, including any evidence that was not reasonably available at the time of the Refugee Protection Division hearing, to the Refugee Appeal Division advocating for an alternate decision.
4. If no oral hearing is required, the RAD will review all the submissions and evidence and render a decision.
5. The appeal is refused and a removal order is issued. or
6. The appeal is allowed and remitted to the Refugee Protection Division. or
7. The appeal is allowed and the Refugee Appeal Division grants the application and the claimant receives protected persons status and then applies for permanent residence.

In order for the appeal to prosper, the claimant must argue that the decision of the RPD was unreasonable and incorrect. In so doing, care must be exercised in presenting evidence to support the reversal of the decision of the RPD. At AJ LAW LLP, we have immigration lawyers experienced and competent to handle this kind of appeal.

Get in touch with our Angeles & de Jesus Law LLP or AJ LAW LLP team at 160 Eglinton Avenue East, Suite 406, Toronto, ON or via phone at +1 (416) 409-5991 or email us at info@ajlawpartners.ca for your FREE INITIAL CONSULTATION. You can also visit our website https://www.ajlawpartners.ca/ for more information about the services we offer.