The Refugee Appeal Division (RAD) hears appeals of decisions made by the Refugee Protection Division (RPD). If you received a negative refugee decision, you may be able to file an appeal.
Learn more or register now for a free Appeal Ready Tour: RAD Appeal Ready Tours: How to get ready to appeal a negative decision from the RPD.
You should know
- If you file an appeal with the
RAD, you're the
appellant. If the Minister decides to participate in your appeal, the Minister is the
intervener. Read a
list of important definitions.
- A decision-maker, called a
RAD member, will decide your appeal.
On this page
File your notice of appeal
If you want to appeal the decision you got from the
RPD, you need to tell us right away. You have
15 days from the time you received your
RPD decision to:
What to do if you miss the 15-day time limit
If you've missed the 15-day time limit, you must:
In addition, you must provide:
- 3 copies of your notice of appeal with your application
- a signed declaration that explains why you missed the time limit
Completing the appellant's record
Your appellant's record is the main document you'll provide the
RAD to help decide your appeal. Because most
RAD decisions are made based on the documents you and the Minister provide, your appellant's record is very important.
You have
45 days from the time you got a decision from the
RPD to send us your appellant's record. It's important that you don't miss the deadline to file it.
We recommend you use the
RAD Appellant's Record form to learn what to include in your appellant's record and help organize your documents.
Decision to consider new evidence
If you're presenting new evidence to support your appeal, you need to explain a few things since the
RAD cannot automatically accept new evidence. To help the
RAD member understand why you're presenting new evidence, please explain:
- if the evidence didn't exist when the
RPD rejected your claim
- if the evidence wasn't reasonably available when the
RPD rejected your claim
- in the circumstances, the
RPD could not reasonably have expected you to have provided the evidence when it rejected your claim
The decision you receive from the
RAD on your appeal will explain if your new evidence was accepted and considered in the final decision.
Sending documents 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, cannot be more than 12MB (megabytes). If your document package is too large, send it on paper, or contact the
RAD office for advice.
Once you've sent 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.
What to do if the Minister opposes your appeal
After your appeal is filed, it is possible that the Minister will decide to
intervene. This means that the Minister has decided to oppose your appeal. If this happens, you'll receive:
- a
notice of intervention confirming that the Minister will challenge your appeal and is a party in the process
- an
intervention record that includes all the documents that the Minister is providing as evidence in the case
The Minister can provide documents at any time before the
RAD decides on your appeal. If this happens, you'll receive a copy.
If you decide to reply to the Minister's documents, you must
prepare a reply to the Minister's intervention in your appeal.
You have 15 days to reply to the Minister's documents.
Receiving and acting on a decision
Once the file is complete, with the information you provided and the information from the Minister, the Member will work on the decision. The
RAD is expected to make its decision no more than 90 days after the appeal was perfected unless there's a hearing. If there's a hearing, the
RAD will make a decision as soon as possible after the hearing.
Once a decision on your file is made, the
RAD will send you a written Notice of Decision, along with an explanation of the decision itself. The
RAD also sends a copy to Immigration, Refugees, and Citizenship Canada (IRCC), as well as the Canada Border Services Agency (CBSA) for their records.
Important
Always keep your contact information up to date. If you move, send the
RAD and the Minister your name, your
RAD file number, and your new mailing address immediately.
Possible outcomes of your appeal
There are 3 possible outcomes from your appeal:
Your appeal is allowed
The
RAD didn't agree with the
RPD's decision and the
RPD's decision is canceled. The
RAD will replace the
RPD's decision with its own decision.
In this case, it's possible that
IRCC or the
CBSA may ask the Federal Court to file an appeal of the
RAD's decision if they disagree with it. They have 15 days to decide. If this happens, you will be notified.
If you receive a positive decision, and the Minister doesn't ask the Federal Court for permission to file an appeal within 15 days, you will get “protected person” status. This means you can stay in Canada and you may be eligible to apply for
permanent residence.
Your appeal is rejected
The
RAD agrees with the
RPD's decision.
In this case, you may wish to ask the
Federal Court for permission to file an appeal if you disagree with the decision.
If you wish to have the decision reviewed by the Federal Court, you may wish to get advice from a lawyer. You must do so as soon as possible because the application should be made within 15 days of being notified of the
RAD's decision.
See
who may represent you in Federal Court for more information.
Your case is referred back to the RPD
The
RAD sends your case back to the
RPD and orders a new hearing. The
RAD will also give the
RPD certain directions that the
RAD considers appropriate.
If this happen, the
RPD will inform you of next steps, including when a new hearing is scheduled.