New Routes Canada

THE REFUGEE APPEAL DIVISION (RAD)

The Refugee Appeal Division is a tribunal branch of the Immigration and Refugee Board. The Refugee Appeal Division hears cases regarding refused refugee claims at the Refugee Protection Division. The RAD allows the claimant or in some cases the Minister, the opportunity to prove that the panel at the Refugee Protection Division erred in fact or law or both in making their decision.


The appeal is largely paper based and does not generally entail an oral hearing, although the Refugee Appeal Division may call for a hearing if they believe one is required on specific grounds.



While the claimant may request an oral hearing, the RAD is not required to oblige. As noted, if the Refugee Protection Division grants refugee status to an individual, the Minister retains the right to file an appeal to the RAD,


Am I eligible to have my case heard by the RAD?


In order to file an appeal to the Refugee Appeal Division, you must be found eligible.



Reasons you are ineligible to make an appeal to the RAD include:


a) If your claim was found to be manifestly unfounded by the IRB


b) If your claim was found to have no credible basis by the IRB


c) If you fall under an exception of the Safe Third Country Agreement.


d) If your refugee claim was withdrawn or abandoned


e) If the Refugee Protection Division has allowed the Minister to cease or vacate your refugee status


f) If your refugee claim was rejected because of an order to surrender under the Extradition Act


g) If you made a Pre-Removal Risk Assessment Application and have received a decision on that application.


What happens after the RAD has heard my case?


The Refugee Appeal Division has the power to

  • refuse the appeaL
  • allow the appeal and remit the matter back to the Refugee Protection Division to re-hear the matter
  • to allow the appeal and substitute their decision in the place of the Refugee Protection Division


The steps before the RAD are generally as follows:


i) The Refugee Protection Division refuses a refugee claim.

  • ii) The claimant or the Minister  files an appeal to the RAD
  • iii) If eligible for appeal, the claimant and, if applicable, the Minister submits written submissions and evidence, including any evidence that was not reasonably available at the time of the Refugee Protection Division hearing, to the RAD advocating for an alternate decision.
  • iv) If no oral hearing is required, the RAD will review all the submissions and evidence and render a decision.
  • v) The appeal is refused and a removal order is issued


OR


2)The appeal is allowed and remitted to the Refugee Protection Division.


OR


3) The appeal is allowed and the RAD grants the application and the claimant receives protected persons status and then applies for permanent residence.



If you have been granted protected person and permanent residence status, it is important to note that the Government may make an application to revoke your status as a refugee for any of number of reasons, including travelling back to the country of refuge, obtaining and using a passport from the country of refuge, re-establishing yourself in the country of refuge and/or the reasons for which the person sought refuge have ceased. Your refugee status may also be vacated if you have been found to have misrepresented when you made your claim.