Refugee Appeal Division (RAD)
What is the Refugee Appeal Division (RAD)?
The RAD decides appeals of decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. A person whose claim was rejected by the RPD can ask the RAD to review this decision in order to assess whether the RPD was wrong. An error by the RPD can be about the law, the facts, or both. The RAD decides whether to confirm or to change the RPD’s decision. It may also decide to send the case back to the RPD to hear it again, giving the directions to the RPD that it considers appropriate.
Who is eligible to file an appeal at the RAD?
If you made a refugee claim in Canada, you are eligible to file and appeal at the RAD unless one of the following applies to you:
The RPD decided that your claim has "no credible basis" or is "manifestly unfounded"
The RPD made a determination that you abandoned your claim in instances when you failed to attend your refugee hearing or did not submit your Basis of Claim form on time
You made your claim at a land Port of Entry (land border) coming from the United States
Your claim was referred to the Refugee Board before December 15, 2012
You withdrew your refugee claim
The RPD granted the Minister's application for a cessation order or vacation order of your refugee protection status
The Federal Court ordered a new hearing after a successful application for judicial review that was made before December 15, 2012
What are the timelines for filing an appeal at the RAD?
You must file your notice of appeal no more than 15 days after the day on which you received the written reasons for the RPD decision. Once you have filed your notice of appeal, you must complete (perfect) the process by submitting certain documents and information. This is called your Appellant’s Record.
You must complete your appeal by providing your Appellant's record to the RAD no later than 30 days after the day on which you received the written reasons for the RPD decision. You must provide two copies of your Appellant's record to the RAD Registry in the regional office that sent you your RPD decision.
What happens if I miss a time limit?
If you miss the time limit to file the notice of appeal or the Appellant's Record and you still want to continue with the appeal, you must file an application for an extension of time. In this application, you must give the reasons why you are late in filing your appeal documents.
What should I include in my Appellant’s Record?
This is your opportunity to dispute the RPD’s decision in writing. Your RAD record should include written arguments outlining the mistakes that may have been made by the RPD in rejecting your refugee claim. You can also include new evidence in your RAD record, however this can only be included if it arose following the rejecting of your refugee claim by the RPD or was not reasonably available when your refugee hearing took place.
Will I get a hearing at the RAD?
The RAD generally makes its decision without a hearing, on the basis of the submissions and the evidence provided by the parties (you and the Minister, if the Minister intervenes). In certain circumstances, the RAD may accept the new evidence that the RPD did not have when it made its decision. If the RAD accepts your new evidence, it will consider the evidence in its review of your appeal. It may also order an oral hearing to address this new evidence. If so, you will receive a notice to appear for a hearing.
What are the possible outcomes at the RAD?
When a decision is rendered on your refugee appeal, the RAD will send you a written Notice of Decision, along with an explanation of the reasons for the decision. Three outcomes can result from your appeal to the RAD:
The appeal is allowed: RPD decision is set aside and the new decision is substituted;
The appeal is rejected: RPD decision is confirmed; or
The case is sent back to the RPD and a new hearing is ordered.
What happens if my appeal is accepted?
If you receive a positive decision, and the Minister does not dispute the positive decision within 15 days, you will get “protected person” status. This means you can stay in Canada, and you will have the opportunity to apply for permanent residence.
What happens if my appeal is rejected?
You can seek leave and judicial review at the Federal Court of Canada. If you are successful, the Federal Court will send your matter back to the RAD for reconsideration. If you are unsuccessful, the process ends here.
Am I eligible to apply for a work permit while my appeal is in process?
Yes, you can apply for an open work permit while your appeal is before the RAD.