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