Refugee Appeals
From the date you receive the decision refusing your refugee claim, you have 15 days to start the appeal process. Your removal order can be automatically stopped by filing the appeal in time.
The Refugee Appeal Division (‘RAD’) gives claimants an opportunity to prove that the initial decision was wrong. It allows claimants to provide new evidence that wasn’t available (within reason) at the time of the initial refugee hearing.
Failed refugee claimants who are not eligible to appeal to the Refugee Appeal Division include:
the Immigration Refugee Board (‘IRB’) decided one’s claim was manifestly unfounded
the IRB decided one’s claim had no credible basis as decided by the IRB
the claim was made by way of an exception to the Safe Third Country Agreement (you transited from the USA to make your claim)
individuals who arrive as part of a designated irregular arrival
individuals who withdrew or abandoned their refugee claims
those cases in which the Refugee Protection Division at the IRB has allowed the Minister' claims application to vacate or cease their refugee protection
claims referred to the IRB before the new asylum system comes into force and re-hearings of those claims as a result of review by the Federal Court
those with claims deemed rejected because of an order of surrender under the Extradition Act
A Pre-Removal Risk Assessment decision has been given
The appeal is largely done by written argumentation, but oral hearings do happen in some cases.
Preparing for a refugee appeal case involves thorough knowledge of Canadian immigration laws, rules, and regulation. They require careful examination of the documents submitted and proper advice on what additional documents should be submitted. Refugee appeals require thorough research into past cases with similar sets of facts.
Any legal information or advice provided is only up to date as of January 2020.