The Refugee Appeal Division (RAD) is a tribunal within Canada’s Immigration and Refugee Board (IRB) that provides many refugee claimants the opportunity to appeal a negative decision made by the Refugee Protection Division (RPD).

If your refugee claim was refused by the RPD, the RAD may review that decision to determine if it was fair and lawful. The RAD has the power to:
– Confirm the original refusal
– Overturn the refusal and grant protection
– Send the case back to the RPD for a new hearing

Most RAD appeals are decided through a paper-based review. In rare cases, the RAD may schedule an oral hearing if necessary.

Who Can Appeal to the RAD?

Most individuals who receive a negative decision from the RPD have the right to appeal to the RAD, but there are exceptions.

You cannot appeal to the RAD if:
– Your claim was withdrawn or abandoned
– The RPD found your claim to be manifestly unfounded or lacking credible basis
– You made your claim under the Safe Third Country Agreement
– Your claim was refused before December 15, 2012

If you’re uncertain about your eligibility to appeal, seek professional guidance quickly, as timelines are tight.

What Does the Appeal Involve?

The RAD appeal involves two key steps:

1. File a Notice of Appeal within 15 days of receiving the refusal.
2. Submit your Appellant’s Record within 30 days, including:
– Written arguments
– Any new evidence
– Supporting legal and personal documentation

The RAD may then:
– Allow the appeal (granting refugee protection)
– Dismiss the appeal (upholding the refusal)
– Remit the case to the RPD for a new hearing

Why Acting Quickly Matters

Deadlines for RAD appeals are strict:
– 15 days to file a Notice of Appeal
– 30 days to submit the Appellant’s Record

Missing these deadlines could result in loss of appeal rights and possible removal from Canada. It’s critical to act fast to preserve your legal options and delay enforcement actions by CBSA.

How We Can Help

At Hermes Immigration Services, we support refugee claimants with personalized and professional assistance through the RAD process. Our team can:

– Review the refusal decision
– Confirm your eligibility to appeal
– Prepare and submit all required documents on time
– Coordinate with experienced refugee lawyers if needed
– Explore alternative options if RAD appeal is not available (e.g., PRRA or H&C)

Take the First Step Today

If your refugee claim has been refused, contact Hermes Immigration Services right away. We’ll help you navigate the appeal process and fight for your right to protection in Canada.