IRB Representation
Refugee Appeal Division (RAD) Appeals
Appealing a negative Refugee Protection Division decision to the Refugee Appeal Division.
Overview
If the Refugee Protection Division (RPD) rejects a refugee claim, many claimants can appeal to the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB). The RAD can correct errors of law, errors of fact, or both.
Most RAD appeals are decided on paper. The RAD works from the RPD record, your written arguments and, in limited situations, new evidence. It holds an oral hearing only when new evidence raises a serious credibility issue that is central to the claim.
The deadlines are short and strictly enforced, so the work needs to start as soon as the RPD's written reasons arrive. We also check at the outset whether an appeal is available at all, because the law excludes some claims.
Who may consider this: Refugee claimants whose claim was rejected by the Refugee Protection Division and who have a right to appeal.
Eligibility Considerations
- A refugee claim rejected by the RPD, with the written reasons received
- Not falling into an excluded group — there is no appeal for designated foreign nationals, claims declared withdrawn or abandoned, or claims found to have no credible basis or to be manifestly unfounded
- Other exclusions include claims made at a Canada–U.S. land border under a Safe Third Country Agreement exception, and RPD decisions on the Minister's applications to end or cancel refugee protection
- Filing a notice of appeal within 15 days of receiving the RPD's written reasons
- Perfecting the appeal by filing the appellant's record within the further deadline set by the IRB (currently 45 days from receiving the reasons)
- Any new evidence must meet the legal test: it arose after the rejection, or was not reasonably available, or could not reasonably have been presented at the time
How It Works
Decision Review
We read the RPD decision and reasons closely and confirm whether you have a right of appeal.
Notice of Appeal
We file the notice of appeal with the RAD within 15 days of your receiving the written reasons.
Record Review
We review the hearing recording and documents, and prepare a transcript where you will rely on it, to pinpoint where the decision went wrong.
New Evidence Assessment
We identify any new evidence and assess whether it meets the strict test for appeals.
Perfecting the Appeal
We file the appellant's record — your memorandum of arguments, any new evidence, and supporting documents — within the deadline.
Oral Hearing, if Ordered
If the RAD decides a hearing is needed, we prepare you and represent you at it.
Decision & Next Steps
We explain the RAD's decision, what it means for your status in Canada, and any options that remain.
Documents You May Need
Document requirements vary by applicant and pathway — not every applicant needs every item below. We confirm your specific list during an assessment.
- The RPD decision and written reasons, with proof of the date you received them
- The notice of appeal
- The hearing recording or a transcript, where you rely on it
- A memorandum setting out the errors and the outcome you are asking for
- Any new evidence, with an explanation of why it meets the legal test
- Translations, with a translator's declaration, of any documents not in English or French
Common Issues to Watch For
These are presented to help you prepare, not to cause concern — most are avoidable with careful preparation.
- Missing the 15-day deadline for the notice of appeal, or the later deadline to perfect it
- Re-arguing the whole claim instead of identifying specific errors in the RPD's reasons
- Submitting new evidence without explaining why it meets the legal test, so it isn't accepted
- Not confirming early whether the claim falls into a category with no right of appeal
How We Help
- Confirm quickly whether a RAD appeal is available and calendar every deadline
- Review the RPD reasons and hearing record to identify reviewable errors
- Prepare a focused memorandum and assess any new evidence against the legal test
- Represent you at an oral hearing if the RAD orders one
- If the outcome is negative, gather the file, track deadlines, and work with a licensed lawyer on any Federal Court step
Frequently Asked Questions
How long do I have to appeal?+
The notice of appeal is due within 15 days of receiving the RPD's written reasons. The appeal must then be perfected within a further deadline, currently 45 days from receiving the reasons under an IRB practice notice. Extensions aren't automatic, so contact us as soon as the decision arrives.
Will I have a hearing at the RAD?+
Usually not. Most appeals are decided on the written record. The RAD can hold a hearing only when new evidence raises a serious credibility issue that is central to the claim and could change the outcome.
What can the RAD decide?+
It can confirm the RPD decision, set it aside and substitute its own decision, or send the claim back to the RPD for a new determination with directions.
Can I be removed from Canada while my appeal is pending?+
Generally, if you have a right of appeal and file and perfect it on time, the conditional removal order doesn't take effect until after the RAD decides. Individual circumstances matter, so we confirm how the rules apply to your file.
What if I can't appeal to the RAD, or the appeal fails?+
Other options may exist, such as judicial review in the Federal Court or, at a later stage, a pre-removal risk assessment. Federal Court proceedings are handled by a licensed lawyer; we help assess the decision, gather the file, and track deadlines.
The information on this website is provided for general guidance only and does not constitute legal or immigration advice. Immigration policies, fees, processing times, and eligibility requirements change frequently. Please verify current requirements with official government sources or a qualified immigration professional before making decisions.