Preparing your reply to a Minister's intervention in your RAD appeal

​​​​When you appeal a Refugee Protection Division (RPD) decision before the Refugee Appeal Division (RAD), the Minister may decide to intervene. This means the Minister's decided to oppose your appeal. If the Minister opposes your appeal, you'll receive:

  • a notice of intervention
  • all documents the Minister is providing as evidence

The Minister may also give you and the RAD an intervention record. The Minister can provide documents at any time before the RAD decides on your appeal.

If you decide to reply to the Minister's documents, you must provide a reply record to the RAD and to the Minister.

Important

You have 15 days after the day you got the Minister's documents to provide the RAD with your reply record. Include proof that you also gave a copy to the Minister.

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 Minister and the RAD as part of your reply record

Your reply record must include the following documents, in this order:

  1. Any part of the transcript of the RPD hearing if it supports your reply and you haven't already provided it. A transcript is a typed version of an audio recording. In this case, it's the typed version of your recorded RPD hearing. You must arrange to have the transcript made and have it signed by the person who made it. You also need to provide a statement that the transcript is accurate.
  2. Any additional evidence that supports your reply and that you haven't already provided.
  3. Legal authorities such as law or case law that support your reply. For legal cases that are publicly available, you can provide references and links instead of hard copies. For example, you can use links from CanLII. If the case isn't publicly available, provide a hard copy with the important sections highlighted. You may need to do this if the case is from a foreign jurisdiction or is very new.
  4. A memorandum that replies only to what the Minister wrote in the intervention documents. Your memorandum must not be longer than 30 pages if single-sided or 15 pages if double-sided.

Send your 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 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

What address to use for the Minister

The address you need to use for the Minister depends on whether the Minister has intervened in your case.

  • If the Minister intervened at the RPD, you must send your documents to the address of counsel for that Minister. This address was provided to you during the RPD proceedings.
  • If the Minister intervened at the RAD, you must send your documents to the address in the notice of intervention.
  • If the Minister did not intervene at the RPD ​​or at the RAD​, then you must send your documents to:

    Immigration, Refugees and Citizenship Canada
    Reviews and Interventions Office
    25 St. Clair Avenue East, Suite 200
    Toronto, Ontario M4T 1M2