Filing a refugee appeal

​​​​​​The Refugee Appeal Division (RAD) hears appeals of decisions made by the Refugee Protection Division (RPD). If you received a negative refugee decision, you may be able to file an appeal.

​Learn more or register now for a free Appeal Ready Tour: ​RAD Appeal Ready Tours​: How to get ready to appeal a negative decision from the RPD.

You should know

  • If you file an appeal with the RAD, you're the appellant. If the Minister decides to participate in your appeal, the Minister is the intervener. Read a list of important definitions.
  • A decision-maker, called a RAD member, will decide your appeal. 

On this page

File your notice of appeal

If you send us documents electronically, only provide 1 copy. If sending your documents in paper form, you may be required to submit multiple copies. Follow all directions carefully.

If you want to appeal the decision you got from the RPD, you need to tell us right away. You have 15 days from the time you received your RPD decision to:

What to do if you miss the 15-day time limit

If you've missed the 15-day time limit, you must:

In addition, you must provide your notice of appeal with your application in writing without delay.

Completing the appellant's record

Your appellant's record is the main document you'll provide the RAD to help decide your appeal. Because most RAD decisions are made based on the documents you and the Minister provide, your appellant's record is very important.

You have 45 days from the time you got a decision from the RPD to send us your appellant's record. It's important that you don't miss the deadline to file it.

We recommend you use the RAD appellant's record form to learn what to include in your appellant's record and help organize your documents.

  • If you choose not to use the appellant's record form, you must complete your appellant's record according to the instructions found in Preparing and submitting the appellant's record.
  • Once you complete the appellant's record, send it to the RAD registry in the region where your case is being processed.

Decision to consider new evidence

If you're presenting new evidence to support your appeal, you need to explain a few things since the RAD cannot automatically accept new evidence. To help the RAD member understand why you're presenting new evidence, please explain:

  • if the evidence didn't exist when the RPD rejected your claim
  • if the evidence wasn't reasonably available when the RPD rejected your claim
  • why, in the circumstances, the RPD could not reasonably have expected you to have provided the evidence when it rejected your claim

The decision you receive from the RAD on your appeal will explain if your new evidence was accepted and considered in the final decision.

Sending documents 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 communication 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

What to do if the Minister opposes your appeal

After your appeal is filed, it is possible that the Minister will decide to intervene. This means that the Minister has decided to oppose your appeal. If this happens, you'll receive:

  • a notice of intervention confirming that the Minister will challenge your appeal and is a party in the process
  • an intervention record that includes all the documents that the Minister is providing as evidence in the case

The Minister can provide documents at any time before the RAD decides on your appeal. If this happens, you'll receive a copy.

If you decide to reply to the Minister's documents, you must prepare a reply to the Minister's intervention in your appeal.

You have 15 days to reply to the Minister's documents.

Receiving documents from the RAD

If you have counsel:

  • the RAD will send all documents to your counsel
  • your counsel will share this with you

If you don't have counsel:

  • the RAD will send all documents to you directly by mail

See Representation at the RAD for more information on counsel.

When the RAD makes a decision, it will send you a Notice of Decision. This includes:

  • the decision (if the appeal was accepted or rejected)
  • the reasons for the decision

The RAD also sends a copy to Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).​

Important

Always keep your contact information up to date. If you move, send the RAD and the Minister your name, your RAD file number, and your new mailing address immediately.

Possible outcomes of your appeal

There are 3 possible outcomes from your appeal:

Your appeal is allowed

The RAD didn't agree with the RPD's decision and the RPD's decision is canceled. The RAD will replace the RPD's decision with its own decision.

In this case, it's possible that IRCC or the CBSA may ask the Federal Court to file an appeal of the RAD's decision if they disagree with it. They have 15 days to decide. If this happens, you will be notified.

If you receive a positive decision, and the Minister doesn't ask the Federal Court​ for permission to file an appeal within 15 days, you will get “protected person” status. This means you can stay in Canada and you may be eligible to apply for permanent residence.

Your appeal is rejected

The RAD agrees with the RPD's decision.

In this case, you may wish to ask the Federal Court for permission to file an appeal if you disagree with the decision.

If you wish to have the decision reviewed by the Federal Court, you may wish to get advice from a lawyer. You must do so as soon as possible because the application should be made within 15 days of being notified of the RAD's decision.

See who may represent you in Federal Court for more information.

Your case is referred back to the RPD

The RAD sends your case back to the RPD and orders a new hearing. The RAD will also give the RPD certain directions that the RAD considers appropriate.

If this happen, the RPD will inform you of next steps, including when a new hearing is scheduled.