Appealing a refused claim (RAD)

If the Refugee Protection Division (RPD) refused your refugee claim, that decision is not necessarily final. In most cases you can appeal to the Refugee Appeal Division (RAD). The deadline to file the notice of appeal is 15 days (to be verified — RAD Rules) after you receive the written reasons.

What the RAD can do

The RAD reviews the RPD decision on the written record — usually without a new hearing. It can confirm the decision, replace it with its own decision, or send the case back to the RPD for a new hearing. In some cases it accepts new evidence: evidence that was not reasonably available to you at the time of your hearing.

The two deadlines that count

The appeal happens in two steps, each with its own deadline. First, the notice of appeal: 15 days (to be verified — RAD Rules). Then, perfecting the appeal — the complete file, with your written arguments and any new evidence: 30 days (to be verified — RAD Rules) after receiving the reasons. Missing either one can close the door on the appeal. Extensions exist, but they are never automatic: you must ask, and explain the delay.

While the appeal is ongoing

Filing the appeal protects more than your arguments. In most cases, while a RAD appeal is ongoing, a removal order against you is paused by operation of law: you cannot be removed from Canada before the appeal is decided. Your work permit situation and your access to temporary federal health coverage generally continue as well. This is one more reason the notice of appeal matters even before the full arguments are ready — it keeps your position in Canada stable while the real work is done.

Who does not have access to the RAD

Some people cannot appeal to the RAD — for example, certain files processed under particular procedures. If that is your situation, the available recourse is judicial review at the Federal Court, with a deadline of 15 days (to be verified — IRPA s. 72(2)). Only a lawyer can represent you at the Federal Court. Figuring out which of the two paths applies to your file is exactly the kind of question a consultation settles.

What a RAD appeal argues

The RAD is not a second chance to tell your story from the beginning. It is a review of what the RPD did with your story. The appeal argues errors: an error of fact, an error of law, or an error in how the member judged your credibility — for example, a finding that ignores a document in the record, or a conclusion drawn from a minor inconsistency. The written memorandum carries the appeal. It has to be precise: a general complaint that the decision is unfair goes nowhere, while a page reference showing the member misread your testimony can decide the appeal.

What I do in an appeal

I read the RPD decision line by line to identify the errors — of fact, of law, or of credibility. I compare the reasons against the record: the transcript, your Basis of Claim form, your documents. I prepare the appeal memorandum, gather the admissible new evidence, and argue the file. I am a lawyer, a member of the Barreau du Québec, and an authorized representative under section 91 of the Immigration and Refugee Protection Act (IRPA). My practice is federal: I represent clients anywhere in Canada, in English, French or Spanish — directly, without an interpreter.

If you have just received a negative decision, the deadline is already running. Let's talk about it.