Preparing and submitting the appellant's record

​​​​​​Your appellant's record is the main document you'll provide the Refugee Appeal Division (RAD) to help it decide your appeal. Given that most RAD decisions are made based on the documents provided, your appellant's record is very important.

Important

Send us your appellant's record no more than 45 days from the time you got a decision from the Refugee Protection Division (RPD).

Fill out the appellant's record using the form and checklist

Your appellant's record is a collection of documents that you want the RAD to consider when deciding your appeal.

Use the RAD Appellant's Record form to help you prepare and perfect your appeal.

You should know

An appeal is considered perfected when the appellant's record is filed on time and in accordance with RAD Rules and Immigration and Refugee Protection Regulations.

Before sending your appellant's record form to the RAD, consult the checklist for the appellant's record to ensure that your record is in order.

The documents included in your reply record must:

  • have consecutively-numbered pages (example: 1, 2, 3...)
  • be typed in 12-point font or larger
  • be on letter-size paper (216 mm by 279 mm, or 8½ inches by 11 inches)
  • be clear and legible if providing photocopies

What you'll send the RAD as part of your appellant's record

Provide your supporting documents in this order:

  1. All or part of the transcript of the RPD hearing if you want to use it in support of your appeal

    You should know

    You're not required to submit a transcript. If you want to use one in support of your appeal, you must have it produced from the recording that was given to you with the RPD decision. You also need to provide a statement that the transcript is accurate. The transcript must be signed by the person who made it.

  2. Any documents the RPD refused to accept as evidence if you want to use these documents in support of your appeal
  3. A written statement that says:
    • whether you're submitting new evidence that didn't exist or wasn't available to you when your refugee protection claim was rejected
    • if you're asking for an oral hearing to be held under subsection 110(6) of the IRPA
    • if you're asking for an oral hearing, whether you're also asking to change the location of the hearing under rule 66 of the RAD Rules
    • if you need an interpreter, the language and dialect to be interpreted
  4. Any other documentary evidence that supports your appeal
  5. Any law, case law or other legal authority that supports your appeal. For legal cases that are publicly available, you can provide references and links. If the case isn't publicly available, provide a hard copy with the relevant portions highlighted.
  6. A memorandum (30 pages maximum if single-sided; 15 pages maximum if double-sided) that gives as many details as possible about:
    • the specific mistakes made by the RPD that you want the RAD to review
    • where to find these mistakes in the RPD reasons or in the recording or transcript of the hearing
    • documents that the RPD member did not have when the RPD​ decision was made and how this new evidence meets the requirements of subsection 110(4) of IRPA and how it is related to your situation
    • how the new evidence you are providing meets the requirements of subsection 110(6) of IRPA​ if you are asking for an oral hearing​
    • what decision you want the RAD to make

Send your appellant's record to the RAD

You should send your documents electronically to the RAD. If you do this, you do not have to send a paper copy.​

Use the My Case portal

My Case is a secure online portal that lets you exchange documents with the IRB and stay informed about your case. If you have counsel, they must use the My Case portal to submit documents, letters, and evidence for you.​

When you're eligible to use My Case, we'll send you an invitation to register. Once you register​, you can use My Case to:

  • send documents for your case (if you're self-represented only)
  • receive communications from the RAD
  • check the status of your appeal

Until you receive an invitation to register for My Case, you must continue to send documents by email or use another channel.

See the My Case user guide for more information on how to register and for technical help.

Send documents by email

When sending documents by email:

  • your documents must be attached in PDF format
  • the total file size of your email, including all attachments, can't be more than 20MB (megabytes)
  • if your document file size is too large, you can create smaller document packages and send them to us in more than one email

Send your documents to the RAD registry in the region where your case is being processed.

We'll send you an automated reply to let you know that your email was received

Note: You cannot use any other electronic method to send documents unless you request permission from the RAD.

You can make a request by sending an Application to send documents using another electronic method.

See​ Practice notice: Providing documents to the RPD and the RAD electronically or by fax for more information.

Send documents by mail, courier, or in-person delivery

If you're unable to send documents by My Case or email, you may send them to the RAD registry in the region where your case is being processed by:

  • regular mail
  • registered mail
  • courier
  • in-person delivery