If your appeal for the refugee status was rejected by the Refugee Protection Division (RPD), you can appeal to the Refugee Appeal Division (RAD) to review that decision.
The Refugee Appeal Division is a tribunal of the Immigration and Refugee Board (IRB). The RAD provides you with an opportunity to prove that the RPD’s decision was wrong so you can provide new evidence that was unavailable at the time of the RPD hearing.
The Minister of Immigration, Refugees and Citizenship Canada (IRCC) also retains the right to file an appeal with the RAD if they determine that the RPD has made an error in their decision of granting someone with refugee status.
An appeal to the RAD is paper-based and the decisions are made within the time period of 90 days.
What is the Process Involved in the Refugee Appeal Division?
Appealing to the RAD involves 2 main steps: filing the appeal and perfecting the appeal. Once you have received the written reasons for the decision made by the RPD, you have 15 days to file a ‘Notice of Appeal’.
You must perfect your appeal by providing records to the RAD within 30 days of receiving the written reasons.
The decision on the appeal will be made by the RAD within 90 days.
Who is Not Eligible to File an Appeal to the Refugee Appeal Division?
The following conditions make you ineligible to file an appeal to the RAD:
- You are from a designated country of origin, for example, a country that doesn’t normally produce refugees, respect human rights and offers state protection
- You are subjected to an exception to the Safe Third Country Agreement
- Your claim is found to have no credible basis by the IRB
- Your claim is declared manifestly unfounded by the IRB
- Your claim is being reassessed as a result of the review by the Federal Court as it was referred to the IRB before the new asylum system was implemented
- You withdrew or abandoned your refugee claim
- You arrived as a part of a designated irregular arrival
- You have a case where the RPD allowed the Minister’s appeal to cease your refugee protection
- You have a decision on a pre-removal risk assessment
- Your claim was rejected because of an order of surrender under the Extradition Act
What Happens Once Your Appeal is Submitted to the Refugee Appeal Division?
Once you have submitted a notice of appeal, the RAD will review your claim and decide whether your claim is justified. If your appeal is accepted by the RAD, then there are 2 possibilities:
- Your application is returned to the Refugee Protection Division (RPD) for review
with new instructions
- The RAD replaces its own decision for the RPD’s, and grants your claim for refugee protection
Your refugee status may get revoked anytime despite having both protected person status and permanent residency. This may happen for the following reasons:
- Traveling back to your home country
- Making use of a travel document issued by the country of refuge
- Reestablishing yourself in the country of refuge
- The reasons for seeking asylum having ceased.
Your refugee status can also be revoked if it is discovered that you have misrepresented while making your claim.
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Why Is It Necessary to Seek Legal Representation?
Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
Distressed over your situation? Is a family member involved?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
Immigration is a complex process that requires strong legal strategy, precise paperwork, and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough, and easy to work with. Communication with our clients is one of the keys to our success.
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