Refused Refugee Claim Appeal

When you appeal the decision to the RAD, you’re asking for a better tribunal (the RAD) to review the verdict made by a lower tribunal, The Refugee Protection Division. You just need to show that the RPD has made mistakes in their decision. These mistakes will be about the law, the facts, or both law and facts. The RAD will decide whether to withstand or change the RPD decision. It might also recommend to send the case back to the RPD for reconsideration, giving directions to the RPD that it considers appropriate.

The RAD authority mostly makes its decision without a hearing, on the grounds of the submissions and the proofs submitted by the applicants. In some circumstances, the RAD may allow you to present new evidence that the RPD haven’t when they made their decision. If the RAD accepts your new evidence, it’ll consider the evidence in its review of your appeal. RAD will also order an oral hearing to think about this new evidence

Eligibility for Filing An Appeal

In case your claim falls into one of the listed restrictions, you have the right to appeal to the RAD.

You can’t appeal against the RPD if:

• You are a nominated foreign national
• Your refugee protection claim was abandoned by officials
• The RPD verdict says that your claim has no credibility or is manifestly unfounded;
• You made your claim at a land border with the USA and also the claim was presented to the RPD as an exception to the Safe Third Country Agreement.
• The Minister made an application to put an end to your refugee protection, and thereafter RPD decision allowed/rejected that application.
• The application sent by the minister to cancel the verdict to permit your refugee protection claim, and also the RPD’s decision on that application.
• Your claim was mentioned to the RPD before the relevant provisions of the new system came into force in December 2012.

Process To Appeal The Decision

There are 2 steps in appealing against decisions to the RAD:

Filing your appeal
You have to file your notice of appeal to the RAD within 15 days after the day on which you have received the written reasons for the RPD’s decision. You need to provide 3 copies of your notice of appeal to the RAD Registry in the regional office.

Perfecting your appeal
You need to perfect your appeal by providing your appellant’s record to the RAD within 30 days after the day on which you have received reasons for the RPD. You need to submit 2 copies of the appellant’s record to the RAD’s registry department within the regional office who has sent you the RPD’s decision.