RAD appeals: challenging a refused refugee claim
Applicants who have had their refugee claims refused by the Refugee Protection Division (RPD) may appeal the decision to the Refugee Appeal Division (RAD). The RAD, an independent division of the Immigration and Refugee Board of Canada (IRB), reviews decisions made by the RPD. This article explains the RAD appeal process, eligibility, and what to expect.
who is eligible to appeal to the rad
To appeal to the RAD, an applicant must have received a negative decision from the RPD and exhausted all other avenues of appeal. Certain categories, such as claims deemed abandoned or withdrawn, are not eligible. Applicants unsure about their eligibility should consult the IRCC website or seek advice from a licensed immigration lawyer. The IRCC website provides detailed information on the eligibility criteria and the appeal process.
the rad appeal process
The RAD appeal process is mostly paper-based. Applicants submit their appeal and supporting documents in writing. The process begins with the applicant submitting a notice of appeal to the RAD within a certain timeframe (usually 15 days) of receiving the negative decision from the RPD. Then, the applicant can submit new evidence, such as documents, witness statements, or other relevant materials. The RAD reviews the appeal and makes a decision based on the evidence presented. It's essential to follow the RAD's guidelines for submitting new evidence to avoid exclusion.
New evidence must be relevant to the claim and not previously considered by the RPD. Examples include updated medical reports or new witness statements. The RAD's guidelines for submitting new evidence are available on their website. Applicants should carefully review these guidelines to ensure their evidence is considered.
submitting new evidence in detail
When submitting new evidence, applicants should ensure it is relevant and not previously considered. This can include documents that were not previously available or new witness statements. The RAD will review the new evidence and consider it in their decision-making process. It's crucial to submit new evidence in a timely manner and follow the RAD's guidelines.
federal court judicial review
If an applicant cannot appeal to the RAD or has exhausted all other avenues, they may seek judicial review of the decision by the Federal Court. This involves applying to the Federal Court for a review of the decision, which a judge will consider. The Federal Court may overturn the decision if it is unreasonable or if there was an error in the decision-making process. For more information, see our article on Federal Court judicial review of a visa refusal. The Federal Court judicial review process can be complex, and applicants should seek advice from a licensed immigration lawyer.
The RAD appeal process and Federal Court judicial review provide important avenues for applicants to challenge refused refugee claims. By understanding the eligibility criteria, the appeal process, and the rules for submitting new evidence, applicants can navigate these processes. For more information on immigration appeals and judicial review, see our appeals and judicial review section. Official current rules are at canada.ca/immigration; this guide is independent reference content.