REFUGEE APPEAL
If your refugee claim has been denied by the Immigration and Refugee Board (IRB), you still have the opportunity to appeal the decision at the Refugee Appeal Division (RAD).
Why Choose RAD?
The RAD offers a crucial avenue for seeking redress for your refugee claim for two primary reasons:
Review of RPD Decision: RAD allows claimants to challenge the RPD decision based on factual inaccuracies or legal errors.
Introduction of New Evidence: You can present new evidence that was not available during the RPD decision-making process.
Process Overview:
Submission: Appeals to the RAD are typically handled in writing rather than orally. It’s essential to act swiftly upon receiving the refusal of your refugee claim, as RAD operates under strict deadlines.
Review and Decision: Once your appeal is lodged, the RAD member will assess its merit. If successful, the RAD can either send your case back to the RPD for reconsideration with new instructions or make its own decision, granting refugee protection.
For expert guidance and assistance with your refugee appeal, contact us today.
Most individuals who have had hearings before the RPD are eligible to appeal to the RAD. However, certain exceptions apply, such as those who entered Canada at the US border under the Safe Third Country Agreement.
You have 15 days from receiving the decision rejecting your refugee claim to file an appeal with the RAD. Missing this deadline may result in the inability to have your appeal heard.
RAD can only consider new evidence that was not available during the RPD hearing. Any new evidence must be clearly explained as to why it was not presented earlier.
Yes, RAD can assess whether the RPD decision contained legal errors, such as being unreasonable or misapplying refugee determination laws.
