Refugee Appeals Statistics

The Refugee Appeal Division (RAD) decides appeals from decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. A person whose claim was rejected by the RPD can ask the RAD to review this decision in order to assess whether the RPD was wrong. An error by the RPD can be about the law, the facts, or both. The RAD decides whether to confirm or to change the RPD’s decision. It may also decide to send the case back to the RPD to hear it again, giving the directions to the RPD that it considers appropriate. The Minister can also appeal to the RAD a decision by the RPD allowing a claim.

The RAD generally makes its decisions without a hearing, on the basis of the submissions and the evidence provided by the parties. The person who is the subject of the appeal may also submit new evidence, for example, evidence that did not exist when the RPD made its decision. If the RAD accepts new evidence, it will consider the evidence in its review. It may also order an oral hearing to consider this new evidence.

Statistics

Please note that appeals finalized in a given year may have been filed in a previous year. The following tables include all intake: appeals by the claimant or by the Minister, and appeals that have been returned to the RAD from the Federal Court for re-determination.

Understanding RAD Appeals Tables

  • Filed: New appeals filed to the RAD.
  • Non-Merit: Appeals dismissed and finalized without an analysis of the substance of the RPD decision:
    • Dismissed – Lack of RAD Jurisdiction: Certain types of RPD decisions cannot be appealed to the RAD—for example, claims of designated foreign nationals, rejected claims where the RPD stated that the claim had no credible basis, and claims that were determined by the RPD to be abandoned. Note: Until August 2014, this included appeals filed by nationals of designated countries of origin.
    • Dismissed – Appeal not Perfected: After the filing of a notice of appeal, a proper record was not submitted by the appellant to the RAD, or not within the proper time limit.
    • Dismissed – Withdrawn, Abandoned & Other: Other reasons or default in the proceedings that led the RAD to dismiss the appeal without an analysis of the merits.
  • Merit: Appeals finalized where there has been an analysis of the substance of the RPD decision:
    • Dismissed – Confirmed RPD: The RAD has confirmed the determination of the RPD, meaning that the appeal is dismissed.
    • Allowed – Referred Back: The RAD has allowed the appeal and referred the matter to the RPD for re-determination, giving the directions to the RPD that it considers appropriate.
    • Allowed – Substituted Determination: The RAD has allowed the appeal, set aside the RPD determination and substituted a determination that, in its opinion, should have been made.
  • Total Finalizations: All appeals finalized on merit or non-merit during the time period indicated. Appeals may have been filed in a previous time period.
  • Pending: All appeals that have not been finalized.

January to June 2017 Appeals by Region

  Filed Non-Merit Merit Total Finalizations Pending (as of 2017/03/31)
Dismissed - Lack of RAD Jurisdiction Dismissed - Appeal not Perfected Dismissed - Withdrawn, Abandoned & Other Dismissed - Confirmed RPD Allowed - Referred Back Allowed - Substituted Determination
National 2,302 188 127 55 952 245 190 1,757 2,486
Eastern 630 71 21 19 166 72 32 381 1,108
Central 1,489 68 83 24 742 147 153 1,217 1,212
Western 183 49 23 12 44 26 5 159 166

Appeals by Country of Alleged Persecution - January to June 2017

2016 Appeals by Region

  Filed Non-Merit Merit Total Finalizations Pending (as of 2016/12/31)
Dismissed - Lack of RAD Jurisdiction Dismissed - Appeal not Perfected Dismissed - Withdrawn, Abandoned & Other Dismissed - Confirmed RPD Allowed - Referred Back Allowed - Substituted Determination
National 3,813 276 156 112 1,618 570 235 2,967 1,938
Eastern 1,095 76 44 39 391 145 49 744 859
Central 2,421 133 69 62 1,164 374 180 1,982 936
Western 297 67 43 11 63 51 6 241 143

Appeals by Country of Alleged Persecution - 2016

2015 Appeals by Region

  Filed Non-Merit Merit Total Finalizations Pending (as of 2015/12/31)
Dismissed - Lack of RAD Jurisdiction Dismissed - Appeal not Perfected Dismissed - Withdrawn, Abandoned & Other Dismissed - Confirmed RPD Allowed - Referred Back Allowed - Substituted Determination
National 2,959 250 148 85 1,606 483 209 2,781 1,092
Eastern 979 79 44 25 554 130 70 902 508
Central 1,696 135 58 38 959 302 132 1,624 497
Western 284 36 46 22 93 51 7 255 87

Appeals by Country of Alleged Persecution - 2015

2014 Appeals by Region

  Filed Non-Merit Merit Total Finalizations Pending (as of 2014/12/31)
Dismissed - Lack of RAD Jurisdiction Dismissed - Appeal not Perfected Dismissed - Withdrawn, Abandoned & Other Dismissed - Confirmed RPD Allowed - Referred Back Allowed - Substituted Determination
National 2,391 258 193 57 1,060 296 71 1,935 914
Eastern 868 85 42 18 352 91 15 603 431
Central 1,322 133 120 24 637 163 54 1,131 425
Western 201 40 31 15 71 42 2 201 58

Appeals by Country of Alleged Persecution - 2014

2013 Appeals by Region

  Filed Non-Merit Merit Total Finalizations Pending (as of 2013/12/31)
Dismissed - Lack of RAD Jurisdiction Dismissed - Appeal not Perfected Dismissed - Withdrawn, Abandoned & Other Dismissed - Confirmed RPD Allowed - Referred Back Allowed - Substituted Determination
National 1,146 184 63 27 291 85 38 688 458
Eastern 419 76 16 7 119 26 9 253 166
Central 591 82 40 14 141 55 25 357 234
Western 136 26 7 6 31 4 4 78 58

Appeals by Country of Alleged Persecution - 2013