Appeal the decision of a Refugee Hearing

If you received a negative decision to your Refugee Claim in Canada, you still have a chance to file an appeal with the Refugee Appeal Division (RAD) of the Immigration Refugee Board (IRB). Not everyone is entitled to an appeal, and an appeal must be filed within 30 days from the day of the decision. Time is of the essence.

Failed refugee claimants who are not eligible to appeal to the Refugee Appeal Division include:

  • those with a manifestly unfounded claim as decided by the IRB
  • those with claims with no credible basis as decided by the IRB
  • claimants who are subject to an exception to the Safe Third Country Agreement
  • 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
  • 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’s application to vacate or cease their refugee protection
  • those with claims deemed rejected because of an order of surrender under the Extradition Act
  • those with decisions on PRRA applications

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

If you would like to appeal the decision of the Refugee Protection Division (RPD), an appeal at the RAD is your next step.

The appeal is paper-based, with oral hearings in exceptional cases. The appeal gives most claimants a chance to prove that the Refugee Protection Division decision was wrong in fact or law or both, and also can let new evidence be introduced that was not reasonably available at the time of the Refugee Protection Division decision.

It is very important that one must understand both legislation and case law in order to secure a successful appeal. The argument presented has to be both concise and focused on the issues of the appeal. This is a complex and technical process, and time is of the essence.

You do not have to do this alone. Contact us today to schedule a consultation!

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