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Refugee Appeal

Home Refugee Appeal

The Refugee Appeal Division (RAD) is the IRB division which has the mandate to decide if to:

1.Confirm the decision of the RPD, or

2.Cast aside the decision and set a substitute that, with respect to its opinion, should have been made. They then refer the issue to the RPD for re-determination, providing the direction it considers appropriate to the RPD.

The RAD is separate and independent from the RPD with in the IRB.

An appeal to the RAD means you are seeking a higher RAD tribunal to review a lower tribunal's ruling (the RPD). The appeal needs to state the fault of the RPD ruling.Those errors may be about the facts, the law or both. The RAD will rule on confirming or setting aside the RPD decision.It may occasionally refer the case back to the RPD for re-determination, providing the RDP with the seemingly appropriate directions. After that, the RAD may give you the opportunity to present new facts that may be absent during its decision-making process with the RPD.If the RAD accepts your facts it will include your new information in its appeal review. An oral hearing may be initiated at many occasions to consider these new facts.

Who can appeal to RAD?

When a application for refugee is rejected, the applicant can appeal the decision to the RAD. However, in the following cases you can not make an appeal to the RAD:

  • The RPD decided that your claim has no credible basis
  • The RPD decided that your claim is manifestly unfounded
  • You are a Designated Foreign National (DFN)
  • Your claim was referred to the IRB before the coming into force of the new refugee protection provisions
  • Your claim was withdrawn or declared abandoned

If you are eligible to apply to any of these programmes, you can submit to the Express Entry system an Expression of Interest ( EOI), often referred to as a profile. You will be automatically assigned a Comprehensive Ranking System (CRS) score once your profile is submitted.

There are experienced counsels in the CIIS who can represent you before the RAD.