Refugee Appeals
If your refugee claim was rejected, you may want to appeal that decision to the Refugee Appeal Division (RAD). We can help. Speak with an experienced immigration attorney today.
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Who can appeal?
You can appeal to the RAD, unless your claim falls into one of the categories below.
Who cannot appeal?
You are not eligible to appeal your refugee claim if:
- you are from a country that is known to respect human rights and offer state protection
- you are a designated foreign national
- you made a claim at the US-Canada border as an exception to the Safe Third Country Agreement
- your claim was abandoned or withdrawn
- your claim was determined to have “no credible basis” or be “manifestly unfounded”
- your claim was sent to the IRB before December 15, 2012
- the Minister applied to cease (stop) your refugee protection, and the RPD’s decision allows that application, or
- the Minister applied to vacate (cancel) the decision to allow your refugee protection claim, and the RPD’s decision allows that application.
Refugee appeals are legally complex. A lawyer can help you decide if pursuing an appeal before the RAD is right for you. You may be advised to seek leave and judicial review at the Federal Court instead.
Appeal proceedings are usually open to the public. This means that any information used in the appeal is public information and could appear in your decision. Your decision may be published online, or provided to the public and the media upon request, unless a confidentiality order is obtained or unless exceptional circumstances apply.
How to start a refugee appeal
If your refugee claim gets rejected, you can file an appeal with the Refugee Appeal Division (RAD) or make an application for leave and juridical review with the Federal Court.
The appeals process is largely a paper-based process in which you can submit new evidence to support your claim, or argue that the Refugee Protection Division (RPD) made significant errors in your judgement. In rare circumstances, the RAD may hold an oral hearing if it believes that the RPD was wrong or if there is a serious issue of credibility.
What happens after my refugee appeal?
The RAD may give you one of the following decisions on your refugee appeal:
1. Your refugee claim could be granted.
2. You may be sent for a new hearing at the Refugee Protection Division (RPD).
3. Your appeal may be rejected.
What happens if my refugee appeal is rejected?
If your refugee appeal is rejected, you may get a removal order from the Canadian Border Services Agency (CBSA). If this happens, contact your lawyer immediately.
If your appeal is rejected, you may be able to:
- Apply for a judicial review before the Federal Court to challenge the decision.
- Apply for a Pre-Removal Risk Assessment (PRRA) if you are at risk in your home country
- Make an application to stay in Canada on humanitarian and compassionate grounds in certain limited circumstances
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We help individuals and families seek asylum in Canada with expert guidance through the claims process, and when needed, the appeals process.
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