If you were granted refugee protection by the Refugee Protection Division (RPD), and Immigration, Refugees, and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) disagrees with that decision, they'll appeal to the Refugee Appeal Division (RAD). This is called a Minister's appeal. You have the right to respond to the appeal and to file documents.
If you decide not to respond, the
RAD will decide the Minister's appeal based on documents the Minister provides and the
RPD record.
You should know
- In a Minister's appeal, the Minister's the
appellant, and you're the
respondent. Read a
list of important definitions.
- A decision-maker, called a
RAD member, decides the appeal.
On this page
What the Minister needs to do to appeal a case to the RAD
The Minister needs to
file the appeal and
perfect the appeal within specific time limits.
Filing the appeal
To file an appeal, the Minister must give you and the
RAD a document called a notice of appeal. The time limit for this is 15 days after the day on which the Minister received the written reasons for the
RPD decision.
Since the
RPD sends its decision to you and the Minister at the same time, this means you should receive the notice of appeal within a couple of weeks of receiving the
RPD decision.
Perfecting the appeal
To perfect the appeal, the Minister must give you and the
RAD any supporting documents they want to use as evidence. A supporting document is any document other than the notice of appeal.
You should know
An appeal's perfected when all the documents necessary for the appeal have been submitted to the
RAD within the timelines outlined in the
RAD Rules.
The Minister may also give you and the
RAD a document called an appellant's record. The time limit for this is 45 days after the day they received the written reasons for the
RPD decision.
Since the
RPD sends its decision to you and the Minister at the same time, this means you should receive the supporting documents within a month of receiving the
RPD decision.
Responding to a Minister's Appeal
Once you've received all the supporting documents from the Minister, your time limit to respond to the appeal begins.
Important
If you decide not to respond, the
RAD will decide the Minister's appeal on the basis of the Minister's documents and the
RPD record.
If you choose to respond to the Minister's appeal of your refugee decision,
you must:
Provide both to the
RAD and to the Minister no more than 15 days after the day you received a supporting document from the Minister.
Give the
RAD proof that you provided the notice of intent to respond and the respondent's record to the Minister.
If you need more time to file
If you miss the time limit for filing your notice of intent to respond and your respondent's record, and you still want to respond to the Minister's appeal, you must:
The Minister can reply to your response
If the Minister decides to reply to your response, the Minister must give the reply to you first and then to the
RAD. The reply will include any documents that the Minister wants to use to support the reply and didn't provide with the notice of appeal or the appellant's record.
Additional documents provided by the Minister
The Minister can continue to file additional documents or submissions up until the
RAD decides the appeal. If the Minister files additional documents, you'll have 15 days to reply to those documents.
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, 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.
Receiving a decision from the RAD and next steps
When the
RAD makes a decision, it'll send you a written Notice of Decision, along with an explanation of the reasons for the decision. The
RAD also sends a copy to
IRCC and
CBSA.
The
RAD's 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.
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 the Minister's appeal
There are 3 outcomes that can result from an appeal of the Minister to the
RAD:
The appeal's allowed
The
RAD didn't agree with the
RPD's decision and the
RPD's decision is set aside. The
RAD will replace the
RPD's decision with a different decision.
Refugee protection in Canada is denied to you.
You may wish to ask permission from the Federal Court to file an appeal.
The appeal's rejected
The
RAD agrees with the
RPD's decision.
IRCC or
CBSA may ask permission of the Federal Court to file an appeal but must do so within 15 days. If this occurs, you'll be notified.
If the Minister doesn't seek permission within 15 days, you'll get
protected person status. This means you can stay in Canada, and you may be eligible to apply for
permanent residence.
The 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 the
RAD decides to refer your case back to the
RPD and order a new hearing, the
RPD will inform you of next steps, including when a new hearing is scheduled.