Refugee Law

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Refugee Law

Refugee Claim (RPD Hearing)

Representing refugee claimants before the Refugee Protection Division, including preparation of the Basis of Claim (BOC) form, evidence gathering, and hearing advocacy.

Refugee Appeal (RAD)

Filing appeals to the Refugee Appeal Division for claimants whose refugee claims have been rejected, identifying errors of law or fact in the RPD decision.

Pre-Removal Risk Assessment (PRRA)

Preparing applications for individuals facing removal who face new risks of persecution, torture, or cruel treatment that were not previously considered.

Humanitarian & Compassionate (H&C) Application

Pursuing permanent residency for individuals who face exceptional hardship, with a focus on establishment in Canada, best interests of children, and country conditions.

Cessation & Vacation Defence

Defending clients whose refugee protection status is threatened with cessation (Section 108) or vacation (Section 109), including cases involving travel to the home country or allegations of misrepresentation.

Sur Place Claims

Representing individuals whose risk of persecution arose after arriving in Canada due to changed circumstances in their home country or activities undertaken in Canada.

Country Condition Evidence & Research

Compiling comprehensive country condition evidence from authoritative sources to support refugee claims, appeals, and risk assessments.

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Frequently Asked Questions

What is the difference between the RPD and the RAD?
The Refugee Protection Division (RPD) is the first-level tribunal where refugee claims are heard. The Refugee Appeal Division (RAD) hears appeals of RPD decisions. Not all claimants have access to the RAD — eligibility depends on country of origin and manner of entry, among other factors.
What is a Pre-Removal Risk Assessment (PRRA)?
A PRRA allows individuals who are subject to a removal order to apply for protection based on risk in their country of origin. PRRA applications are only available after specific waiting periods following a negative refugee decision or bar to refugee claim-making.
How long does a refugee claim take?
From making a claim to receiving an RPD decision typically takes 12–24 months, though it varies significantly by country of origin, Designated Country of Origin rules, and tribunal backlog. Additional time is required if the case proceeds to the RAD or Federal Court.
Can I appeal a refused refugee claim?
Most claimants can appeal to the Refugee Appeal Division (RAD) within strict deadlines. If the RAD also refuses, the next step is an Application for Leave and Judicial Review at the Federal Court of Canada. Each step has procedural deadlines that are strictly enforced.
What happens at a refugee hearing?
Refugee hearings are non-adversarial in structure but rigorous. The claimant gives testimony, answers questions from the member (and sometimes counsel for the Minister), and presents documentary evidence. Thorough preparation — including country conditions evidence and personal documentation — is essential.