If your refugee claim has been rejected by the Refugee Protection Division (RPD), you may have the right to appeal to the Refugee Appeal Division (RAD). This guide explains the RAD appeal process, strict deadlines, evidentiary rules, and the legal standards that govern refugee appeals in Canada.
Who Can Appeal to the RAD?
Most failed refugee claimants can appeal an RPD rejection to the RAD, but there are important exceptions under IRPA section 110(2). You cannot appeal if your claim was designated as manifestly unfounded, you were referred from a designated country of origin, you have no valid identity documents (in certain circumstances), or your claim was withdrawn or abandoned. If any of these bars apply, your only recourse may be judicial review at the Federal Court.
The 15-Day and 30-Day Deadlines
The deadlines for filing a RAD appeal are tight. You must file your Notice of Appeal within 15 working days of receiving the RPD’s written reasons. Your Appellant’s Record — containing your memorandum of argument and any new evidence — must be filed within 30 working days. These deadlines are rarely extended, so immediate action is essential.
New Evidence Under the Singh Framework
The RAD can consider new evidence that was not before the RPD, but only if it meets strict criteria established by the Federal Court in Singh v. Canada and codified in IRPA section 110(4). The evidence must have arisen after the RPD’s rejection, or must not have been reasonably available at the time of the RPD hearing, or in either case must be reasonably expected to have affected the outcome. Country condition evidence that post-dates the RPD decision is the most commonly admitted type of new evidence.
Standard of Review: The Huruglica Framework
The RAD applies an independent assessment of the evidence — it does not defer to the RPD’s findings. This was established in Canada (Citizenship and Immigration) v. Huruglica (2016). However, the RAD will show deference to the RPD on credibility findings where the RPD had the advantage of hearing testimony directly. This means the RAD can reach its own conclusions on documentary evidence but is less likely to overturn negative credibility findings.
Oral Hearings at the RAD
RAD proceedings are generally paper-based — there is no oral hearing in most cases. However, the RAD may hold an oral hearing if it accepts new evidence that raises a serious issue of credibility. This is relatively rare but can occur when new evidence contradicts key findings from the RPD hearing.
What Happens If the RAD Dismisses Your Appeal?
If the RAD dismisses your appeal, you can seek judicial review at the Federal Court within 15 days. You may also be eligible for a Pre-Removal Risk Assessment (PRRA) before removal, or an H&C application. Each pathway has its own rules and timelines.
Act Immediately After an RPD Refusal
The 15-working-day deadline to file a RAD appeal leaves no room for delay. If your refugee claim has been refused, contact BridgePoint Law immediately to discuss your appeal options.
