If the Refugee Protection Division (RPD) has refused your refugee claim, an appeal to the Refugee Appeal Division (RAD) may be your best option for overturning the decision. This guide explains the RAD appeal process from the claimant’s perspective — the deadlines, how to present new evidence, when oral hearings occur, and what comes next if the RAD dismisses your appeal.
The Strict 15-Day Deadline
You must file your Notice of Appeal with the RAD within 15 working days of receiving the RPD’s written reasons for refusal. This is one of the tightest deadlines in Canadian immigration law, and extensions are granted only in exceptional circumstances. If you miss this deadline, you lose the right to appeal, and your only option may be judicial review at the Federal Court. Contact a lawyer immediately after receiving a negative RPD decision.
The Appellant’s Record
After filing the Notice of Appeal, you have 30 working days to file your Appellant’s Record, which includes your memorandum of argument explaining why the RPD’s decision was wrong, any new evidence you want the RAD to consider (with an explanation of why it qualifies), and supporting documents. The memorandum of argument is the most important document in your appeal — it must clearly identify the errors the RPD made and explain how those errors affected the outcome.
New Evidence at the RAD
The RAD can consider evidence that was not before the RPD, but only under strict conditions set out in IRPA section 110(4). The evidence must have arisen after the RPD rejected the claim, or it must not have been reasonably available at the time of the RPD hearing, and in either case, it must reasonably be expected to have affected the outcome. The most commonly accepted types of new evidence include updated country condition reports that post-date the RPD decision, new evidence of changed personal circumstances, and documents that were genuinely unavailable before the hearing.
Standard of Review
The RAD conducts an independent assessment of the evidence — it does not simply defer to the RPD’s findings. However, where the RPD made credibility findings based on hearing the claimant’s testimony directly, the RAD will give some deference to those findings since the RPD member had the advantage of observing the claimant in person. This means the RAD is more likely to overturn factual errors in the RPD’s analysis of documentary evidence than to reverse negative credibility findings.
Oral Hearings
RAD proceedings are generally decided on paper, without an oral hearing. However, if the RAD accepts new evidence that raises credibility issues, it may order an oral hearing. Oral hearings at the RAD are relatively rare and typically involve examining the new evidence and its impact on the claim.
After a RAD Dismissal
If the RAD dismisses your appeal, you can seek judicial review at the Federal Court within 15 days. You may also become eligible for a Pre-Removal Risk Assessment (PRRA) before removal from Canada, or you may be able to file a Humanitarian and Compassionate (H&C) application based on your establishment in Canada and other compelling circumstances.
If your refugee claim has been refused, contact BridgePoint Law immediately to discuss whether a RAD appeal is the right next step.
