The Refugee Appeal Division (RAD) considers appeals of decisions made by the Refugee Protection Division (RPD) to allow or reject claims for refugee protection.
The
RAD hears 2 kinds of appeals:
-
Appeals from refugee claimants – Your refugee claim was denied by the
RPD, and you want to appeal. The Minister may decide to
intervene in your case and oppose your appeal.
-
Minister's appeals – Your refugee claim was approved by the
RPD, and the Minister's appealing that decision. You have the right to respond and file documents.
You should know
A decision-maker called a
RAD member decides both types of appeals.
On this page
Your refugee claim was denied by the RPD
If you received your refugee claim decision from the
RPD and don't agree with it, you can appeal to the
RAD unless your claim falls into one of the categories below.
You can't appeal the
RPD decision to reject your refugee protection claim if:
- you're a designated foreign national
- your refugee protection claim was withdrawn or abandoned
- the
RPD decision says that your claim has no credible basis or is manifestly unfounded
- you made your 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 end your refugee protection, and the
RPD decision allowed or rejected that application
- the Minister made an application to cancel the decision to allow your refugee protection claim, and the
RPD decision allowed or rejected that application
- your claim for refugee protection was deemed to be rejected under
Article 1F(b) of the Refugee Convention because of an order of surrender under the
Extradition Act
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's the
intervener.
The refugee appeal process at a glance
-
RPD makes a decision that you don't like
- If you're eligible to appeal, you tell the
RAD you want to appeal by filing a notice of appeal
- You have 15 days from when you received the
RPD's decision
- You send the
RAD your appellant's record
- You have 45 days from the time you received the
RPD's decision
- You can provide new evidence
- The Minister may oppose your appeal
- You will receive a notice of intervention and an intervention record
- You can reply to the Minister's documents
- You have 15 days to reply
- The
RAD member will make a decision
- The
RAD's expected to make its decision no more than 90 days after it has all the necessary information
- If there's a hearing, the
RAD will make its decision as soon as possible after the hearing
- You'll receive 1 of 3 possible decisions from the
RAD:
- Your appeal's allowed
- The Minister may try to file an appeal with the Federal Court
- Your appeal's rejected
- You can try to file an appeal with the Federal Court
- The
RAD orders a new hearing at the
RPD
- The
RAD will give the
RPD certain directions to follow
- The
RPD will let you know about next steps
Your refugee claim was approved by the RPD, and the Minister's appealing that decision
If you were granted refugee protection by the
RPD, and Immigration, Refugees, and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) questions that decision, they will appeal to the
RAD.
This is called a Minister's Appeal. You have the right to respond to the appeal and to file documents.
If you decide not to respond, the
RAD will decide the Minister's appeal based on the documents the Minister provides and the
RPD record.
When the Minister can't appeal to the RAD
The Minister can't appeal the
RPD decision to grant you refugee protection if:
- you're a designated foreign national
- you made your 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
- your claim was referred to the
RPD before the relevant provisions of the new system came into force in December 2012
- The Minister can't show that there were mistakes in the
RPD's decision. These mistakes can be about:
The
RAD will decide whether to confirm or change the
RPD decision. The
RAD may decide to send the case back to the
RPD for re-determination. In this case, the
RAD will give directions to the
RPD that it considers appropriate.
You should know
In a Minister's appeal, the Minister's the
appellant, and you're the
respondent.
Minister's appeal process at a glance
-
RPD makes a decision that
IRCC or the
CBSA doesn't like
- The Minister tells you and the
RAD they want to appeal by filing a notice of appeal
- They have 15 days from when they received the
RPD's decision
- The Minister sends you and the
RAD any supporting documents
- This might include an appellant's record
- They have 45 days from the time they received the
RPD's decision
- Once you have all the supporting documents, you must decide if you want to respond
- If you decide to respond to the Minister's appeal
- You have 15 days to respond
- Send the Minister and the
RAD a notice of intent to respond and respondent's record
- You can ask for more time
- The Minister can reply to your response
- The Minister will send you and the
RAD their reply
- The Minister can send additional documents right up until the
RAD makes its decision
- You'll have 15 days to reply
- The
RAD member will make a decision
- The
RAD's expected to make its decision no more than 90 days after it has all the necessary information
- If there's a hearing, the
RAD will make its decision as soon as possible after the hearing
- You and the Minister will receive 1 of 3 possible decisions from the
RAD:
- The appeal is allowed
- Refugee protection in Canada is denied to you
- You can try to file an appeal with the Federal Court
- The appeal is rejected
-
RAD agrees with the
RPD's decision to give you refugee protection
- The Minister can try to file an appeal with the Federal Court
- The
RAD orders a new hearing at the
RPD
- The
RAD will give the
RPD certain directions to follow
- The
RPD will let you know about next steps
Representation at the RAD
You're not required to have counsel represent you when you file an appeal. However, you may decide that you want counsel to help you. If so, you must hire counsel and pay their fees yourself. Whether or not you hire counsel, you're responsible for meeting all time limits.
Who can represent you
If your counsel is charging you a fee or receiving other payment, they must be one of the following:
- a member in good standing of a provincial law society (a lawyer or a paralegal, in a province that allows paralegals to be members of the law society)
- a member in good standing of the Chambre des notaires du Québec
- an immigration consultant who is a member in good standing of the College of Immigration and Citizenship Consultants
If your counsel isn't charging a fee or receiving other payment, that person can be anyone, including a representative of a non-governmental organization, a friend, a relative or a community member you trust. In this case, you must complete the form
Notice of Representation Without a Fee or Other Consideration. You must provide a copy of the form to the Minister, and then provide the original to the
RAD as soon as possible.
Designated representatives
A designated representative is a person who's responsible for protecting the interests of a child under 18 years old or of an adult who's unable to understand the appeal process. The designated representative's also responsible for explaining the appeal process to that person.
In the case of children under 18 years old, the designated representative's usually the child's parent. However, another family member, a legal guardian, a friend or a worker from a social services agency can also be the designated representative if they meet the requirements set out in the
RAD Rules.
If you or your children had a designated representative at the
RPD, then that person will continue to be the designated representative until the appeal is finished. However, you can ask the
RAD to change your designated representative.
If you didn't have a designated representative at the
RPD but need one for the
RAD, you or your counsel must tell the
RAD in writing immediately. You must explain why you need a designated representative and include any supporting evidence you have.
Official languages used in your appeal
Canada has 2 official languages: English and French. In your notice of appeal, you can choose which official language you would like the
RAD to use. All of the documents you give to the
RAD must be in either English or French.
If your documents are in another language, you must have them translated into one of the official languages (English or French). You must provide the translations and a translator's declaration with your documents. The translator's declaration must include:
- the translator's name
- the language the document was originally written in
- a statement that the translation is accurate, signed by the translator
Hearings at the RAD
In most cases, the
RAD doesn't hold a hearing. The
RAD usually makes its decision using the information in the documents that you and the Minister provide. The
RAD also uses the information that was considered by the
RPD decision-maker. If the Minister believes that there should be a hearing, they'll have to ask for one in the appellant's record and explain why a hearing should be held. If you believe that a hearing should be held, you should ask for one in the statement you provide as part of your respondent's record. If the member decides that a hearing's needed, you and the Minister will receive notices to appear for a hearing.
If the
RAD decides to hold a hearing and you need an interpreter for the hearing, the
RAD will provide one.
Learn more about
Hearings at the
IRB and how you can request a virtual hearing held at an
IRB office or an in-person hearing.
Why the RAD might order a hearing
A
RAD hearing will be held only if you or the Minister provided evidence that meets the requirements of
subsection 110(6) of the Immigration and Refugee Protection Act (IRPA). In other words, a hearing may be held if there's evidence that:
- shows there might be a serious issue about your credibility
- is central to the decision on your claim
- if accepted, would provide a good reason to allow or reject your refugee protection claim
How you'll know that a hearing has been ordered
The
RAD will send you and the Minister a notice to appear. This notice will tell you the date, time, and location of your hearing. It will also tell you what issues the
RAD will consider at the hearing.
Terms and definitions in the refugee appeal process
- Abandoned appeal
An appeal may be declared abandoned by the appellant for several reasons. For example, they:
- didn't attend a hearing
- failed to provide the
RAD with information required by the
RAD
- failed to communicate with the
RAD when asked to do so
- Appeal
The process of asking a higher tribunal (the
RAD) to review a decision made by a lower tribunal (the
RPD).
- Appellant
The person who wants the
RAD to review the
RPD decision.
- Appellant's record
The main document filed by the appellant.
Rule 3 of the
RAD Rules explains what needs to be in the appellant's record.
-
Canada Border Services Agency (CBSA)
The department that provides integrated border services that support Canada's national security priorities. It refers refugee protection claims to the
IRB made at airports, seaports, and Canada-United States border crossings.
-
Immigration, Refugees and Citizenship Canada (IRCC)
The department with overall responsibility for immigration and refugee policies in Canada. It refers refugee protection claims to the
IRB made inside Canada.
- Designated foreign national
A person who's part of a group that the Minister identified as an “irregular arrival”.
- Intervention
When the Minister decides to intervene and becomes a party in the appeal. A representative from
CBSA or
IRCC (Minister's counsel) represents the Minister before the
RAD.
- Intervention record
Record that may contain 1 or more documents that the Minister wants to use to show that the
RPD decision shouldn't be changed.
-
Immigration and Refugee Protection Act (IRPA)
Canada's law about immigration and refugee matters.
- Member
The
RAD decision-maker who decides your appeal.
- Minister
The Minister's represented by an officer (Minister's counsel) from either
CBSA or
IRCC.
-
Notice of appeal
The document that starts the appeal process.
- Notice to appear
The document that tells you that a hearing's going to be held. It shows the date and time of the hearing, as well as where the hearing will be held.
- Notice of intervention
The document provided by the Minister that tells you the Minister's participating in your appeal. This makes the Minister a party to your appeal.
- Party
The people participating in the appeal. If you file the appeal, you'll be called the appellant, and if the Minister intervenes, the Minister will be called the intervener. Both of you will then be parties to the appeal.
- Perfected appeal
An appeal is considered perfected when the appellant's record is filed on time and in accordance with the
RAD Rules and the
Immigration and Refugee Protection Regulations (IRPR).
- Person subject of the appeal
You, the person who claimed refugee status at the
RPD.
- Refugee Appeal Division (RAD)
The division of the
IRB that decides appeals from decisions made by the
RPD.
-
Refugee Appeal Division Rules (RAD Rules)
A legal document that sets out the rules about how the
RAD works and what people presenting cases before it need to do.
- Refugee Protection Division (RPD)
The division of the
IRB that decides whether or not you are a refugee or a person in need of protection.
-
Safe Third Country Agreement
An agreement between Canada and the United States that requires people seeking refugee protection to make a claim in the country they arrive in first (Canada or the United States) unless they meet the requirements for an exception to the Agreement.
- Withdrawal
The process of asking the
RAD to stop your appeal before it's made a decision.