Preparing and submitting the appellant's record

​​​Your appellant's record is the main document you'll provide the Refugee Appeal Division (RAD) to help it decide your appeal. Given that most RAD decisions are made based on the documents provided, your appellant's record is very important.

Important

Send us your appellant's record no more than 45 days from the time you got a decision from the Refugee Protection Division (RPD).

Fill out the appellant's record using the form and checklist

Your appellant's record is a collection of documents that you want the RAD to consider when deciding your appeal.

Use the RAD Appellant's Record form to help you prepare and perfect your appeal.

You should know

An appeal is considered perfected when the appellant's record is filed on time and in accordance with RAD Rules and Immigration and Refugee Protection Regulations.

Before sending your appellant's record form to the RAD, consult the checklist for the appellant's record to ensure that your record is in order.

The documents included in your reply record must:

  • have consecutively-numbered pages (example: 1, 2, 3...)
  • be typed in 12-point font or larger
  • be on letter-size paper (216 mm by 279 mm, or 8½ inches by 11 inches)
  • be clear and legible if providing photocopies

What you'll send the RAD as part of your appellant's record

Provide your supporting documents in this order:

  1. A copy of the decision you got from the RPD
  2. The letter that came with it (the notice of decision)
  3. All or part of the transcript of the RPD hearing if you want to use it in support of your appeal

    You should know

    You're not required to submit a transcript. If you want to use one in support of your appeal, you must have it produced from the recording that was given to you with the RPD decision. You also need to provide a statement that the transcript is accurate. The transcript must be signed by the person who made it.

  4. Any documents the RPD refused to accept as evidence if you want to use these documents in support of your appeal
  5. A written statement that says:
    • whether you're submitting new evidence that didn't exist or wasn't available to you when your refugee protection claim was rejected
    • if you're asking for an oral hearing to be held under subsection 110(6) of the IRPA
    • if you're asking for an oral hearing, whether you're also asking to change the location of the hearing under rule 66 of the RAD Rules
    • if you need an interpreter, the language and dialect to be interpreted
  6. Any other documentary evidence that supports your appeal
  7. Any law, case law or other legal authority that supports your appeal. For legal cases that are publicly available, you can provide references and links. If the case isn't publicly available, provide a hard copy with the relevant portions highlighted.
  8. A memorandum (30 pages maximum if single-sided; 15 pages maximum if double-sided) that gives as many details as possible about:
    • the specific mistakes made by the RPD that you want the RAD to review
    • where to find these mistakes in the RPD reasons or in the recording or transcript of the hearing
    • documents that the RPD member did not have when the RPD​ decision was made and how this new evidence meets the requirements of subsection 110(4) of IRPA and how it is related to your situation
    • how the new evidence you are providing meets the requirements of subsection 110(6) of IRPA​ if you are asking for an oral hearing​
    • what decision you want the RAD to make

Send your appellant's record to the RAD

The RAD prefers that you send your documents by email, as an attachment, in PDF​ format. If you can do this, you don't have to send a paper copy.

The total file size of your email, including all attachments, can't be more than 12MB (megabytes). If your document package is too large, send it on paper, or contact the RAD office for advice.

After you send your email, the RAD will send an automated reply that it was received.

You may also send documents by mail, fax, or courier

If you're not able to send your documents by email, you can send them on paper by regular mail, registered mail, fax, courier, or in-person delivery.

Find the RAD​ regional office serving your region.​