How to Appeal Refugees in Canada?
If you disagree with a decision on your refugee claim, you can appeal to the Refugee Appeal Division (RAD), provided you meet eligibility criteria. The process is as follows:
- File a notice of appeal within 15 days of receiving the written decision from the Refugee Protection Division (RPD).
- Submit three copies (or one copy if electronic) of the notice to the Immigration and Refugee Board (IRB) regional office.
- Submit your appellant’s record within 45 days, outlining your arguments and any new evidence.
- If the Minister intervenes, you have 15 days to respond to any new submissions.
If you miss the deadline to file your appeal, you can apply for an extension by submitting an affidavit explaining why you missed the time frame. Appeals are usually decided based on documents, but in some cases, new evidence may require an oral hearing.
How Long Does It Take to Get a Refugee Appeal in Canada?
The processing time for refugee appeals can vary. Typically, after submitting your notice of appeal and appellant’s record, the RAD takes a few months to make a decision. Factors affecting the timeline include:
- Ministerial interventions: If the Minister submits new documents, you’ll have 15 days to respond, delaying the process.
- Oral hearings: If needed, this adds extra time to the process.
- Case complexity: More complex cases may take longer for the RAD to review and decide.
If there are no significant delays, you can expect a decision within several months. However, backlogs in the system may prolong the process.
Who Cannot Appeal to the Refugee Appeal Division?
Certain individuals are not eligible to appeal to the RAD. This includes:
- Claims deemed manifestly unfounded or abusive.
- Those classified as designated foreign nationals.
- Claims rejected under the Safe Third Country Agreement.
- Individuals denied refugee status due to serious criminality or involvement in organized crime.
In such cases, a judicial review at the Federal Court might be the only remaining option.
There are three possible outcomes: the appeal is allowed, the appeal is rejected, or the case is referred back to the RPD for a new hearing.
A refugee claim is an initial request for protection. A refugee appeal challenges a negative decision on that claim. Appeals are reviewed by the RAD, often based on new evidence.
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