Refugee claimants who received a refusal from the RPD may be able to appeal their matter at the RAD

Refugee Appeal Lawyer

Refugee Appeal Lawyer for an appeal at the Refugee Appeal Division

Refugee claimants who were refused their matter at the Refugee Protection Division (RPD) may have a right of appeal. The Tribunal where an appeal may be submitted is called the Refugee Appeal Division.

A refugee appeal Lawyer can assist claimants in determining the merits of their case as well as the potential issues that claimants could face when appealing their matter.

Certain refugee claimants may not have a right to appeal their matter and can only seek leave and Judicial review at the Federal Court. This article about the difference between an appeal and judicial review might be of interest.

A person may not have a right of appeal at the Refugee Appeal division if they:

withdrew or abandoned their claim,
the RPD determined that the persons claim has no credible basis or is manifestly unfounded;
they made a claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement;
the Minister made an application to cease (end) the person’s refugee protection, and the RPD decision allowed or rejected that application;
the person is a designated foreign national.

An Appeal of a negative decision of a refugee claim is prepared based on the record that was before the decision maker at the Refugee Protection Division. The record includes any evidence that was submitted to the Board and the claimant’s testimony.

Therefore it is important for claimants to provide any disclosures and evidence that were submitted before the RPD. Claimants should also provide a copy of the recording of the hearing and a copy of the decision to the lawyer representing them with their appeal.

In some circumstances claimants are unable to provide the documents that were part of the record. Counsel may request an Access to Information Request to the Immigration Refugee Board in order to get a copy of the Record.

An extension of time may also be requested in certain exceptional circumstances.

New evidence may be submitted if the evidence arose after the rejection of the claim or was not reasonably available. New evidence may also be submitted if the person could not reasonably have been expected in the circumstances to have presented it to the RPD, at the time of the rejection of their claim.

When is there a hearing in a Refugee Appeal?

A hearing may only be held by the Refugee Appeal Division if there is documentary evidence:

that raises a serious issue with respect to the credibility of the person who is the subject of the appeal;
that is central to the decision with respect to the refugee protection claim; and
that, if accepted, would justify allowing or rejecting the refugee protection claim;

In light of the limited cases where a hearing may be held the written submissions should be prepared with great care and attention.

What is the time limit to file a Refugee Appeal?

The time limit for filing an appeal at the Refugee Appeal Division is within fifteen (15) days from the receipt of the decision.

The Appeal Record is due thirty days from the day the refusal has been issued. In some circumstances an extension of time may be granted if there is a compelling reason as to why an extension of time is required.

The Board has developed a useful guide for individuals requiring additional information.

However, it is advisable to hire a Refugee Lawyer to assist you in perfecting your appeal.

What if I don’t have a right of Appeal?

You may be able to seek leave and Judicial Review at the Federal Court of Canada if you are not eligible to make a refugee claim. However, you must ensure that there is merit in filing such an application as it is not like an appeal.

If you are contemplating appealing your refugee matter at the Refugee Appeal Division you may want to book a consultation and discuss your matter with a refugee appeal lawyer.

We accept Legal Aid Certificates for appeals of refugee claims to the Refugee Appeal Division for cases that have merit.

Please note that this is general Information and should not be construed as legal advice.

Refugee Appeal Lawyer