MAKE A REFUGEE APPEAL

Refugee Appeal Division (RAD)

The Refugee Appeal Division (RAD) is the division of the IRB that has the mandate to decide whether 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.

What is an appeal to the RAD?

An appeal to the RAD means that you are requesting a higher tribunal RAD to reconsider the decision of a lower tribunal (the RPD). The mistake of the RPD decision must be indicated in the appeal. Those mistakes can be about the facts, the law, or both. The RAD will make its decision with regards confirming or setting aside the RPD decision. It may, at times, refer the case back to the RPD for re-determination, providing the seeming appropriate directions to the RDP. After that, the RAD may give you an opportunity to give new facts that may be absent with the RPD during its decision-making process. If your facts are accepted by the RAD, it will include your new information in its review of your appeal. At many occasions an oral hearing may be initiated to consider these new facts.

Which decisions can be appealed?

The decisions made by RPD to either allow or reject a claim for refugee protection can be appealed to the RAD

Who can appeal to RAD?

If a refugee claim is rejected, the claimant can appeal this decision to the RAD. However, you cannot appeal to the RAD in the following cases:

• 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 as an exception to the Safe Third Country Agreement

• 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• Your claim was withdrawn or declared abandoned

In addition, you cannot appeal to RAD about:

• The decision of the rehearing of a claim that was referred to the IRB before the coming into force of the new refugee protection provisions
• A decision on a Minister’s application to vacate refugee protection or on a Minister’s application for cessation of refugee protection
• A decision on a pre-removal risk assessment (PRRA)
• The deemed rejection of a claim because of an order of surrender under the Extradition Act

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