Refugee Appeal

Introduction:

The Refugee Appeal Division (RAD) considers appeals against decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. In most cases, there will be no hearing as the RAD will base its decision on the documents provided by the parties involved and the RPD record.

Refugee Appeal Process:

• Notice of Appeal and Time Limits: the appellant must submit copies of written notice of appeal no later than 15 working days after the day on which the refugee claimant receives written reasons for the decision by the Refugee Protection Division

• The Refugee Appeal Record: the appellant has 30 working days after the day on which the refugee claimant receives written reasons for the decision by the Refugee Protection Division to perfect the appeal

• Refugee Appeal Hearings: The appeal is paper-based, with oral hearings in exceptional cases

• Decisions: most decisions on appeals are expected to be made within 90 days unless an oral hearing is required

Not all failed refugee claimants are eligible to appeal to the RAD, which may include:

• The RPD decided that your claim is manifestly unfounded
• claimants who are subject to an exception to the Safe Third Country Agreement
• individuals who withdrew or abandoned their refugee claims
• The RPD decided that your claim has no credible basis
• You are a Designated Foreign National(DFN)
• those cases in which the Refugee Protection Division at the IRB has allowed the Minister’s application to cease their refugee protection
• those with claims deemed rejected because of an order of surrender under the Extradition Act

All failed claimants can still ask the Federal Court to review a negative decision.

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