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In most cases, after a refugee claimant receives a negative decision from the Refugee Protection Division (RPD), he/she is given the opportunity to appeal to the Refugee Appeal Division (RAD).

The RAD considers appeals of RPD decisions to allow or reject claims for refugee protection. Typically, unless there are credibility concerns, most appeals to the RAD are conducted without a hearing, and are therefore based on the documents provided by the parties, as well as the record that was before the RPD. Claimants are also given an opportunity to introduce new evidence, provided that it was not reasonably available at the time the matter was before the RPD.

In some cases, including those where the RPD has stated there to be “no credible basis” to the claim, or where the claimant arrived in Canada through a safe third country, there is no right of appeal to the RAD. In such cases, one’s appeal would be to the Federal Court by way of an application for leave and for judicial review.

If you would like guidance on the refugee appeal process, please contact us to schedule a consultation.