Preparing your reply to a Minister's intervention in your RAD appeal

​​When you appeal a Refugee Protection Division (RPD) decision before the Refugee Appeal Division (RAD), the Minister may decide to intervene. This means the Minister's decided to oppose your appeal. If the Minister opposes your appeal, you'll receive:

  • a notice of intervention
  • all documents the Minister is providing as evidence

The Minister may also give you and the RAD an intervention record. The Minister can provide documents at any time before the RAD decides on your appeal.

If you decide to reply to the Minister's documents, you must provide a reply record to the RAD and to the Minister.

Important

You have 15 days after the day you got the Minister's documents to provide the RAD with your reply record. Include proof that you also gave a copy to the Minister.

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 Minister and the RAD as part of your reply record

Your reply record must include the following documents, in this order:

  1. Any part of the transcript of the RPD hearing if it supports your reply and you haven't already provided it. A transcript is a typed version of an audio recording. In this case, it's the typed version of your recorded RPD hearing. You must arrange to have the transcript made and have it signed by the person who made it. You also need to provide a statement that the transcript is accurate.
  2. Any additional evidence that supports your reply and that you haven't already provided.
  3. Legal authorities such as law or case law that support your reply. For legal cases that are publicly available, you can provide references and links instead of hard copies. For example, you can use links from CanLII. If the case isn't publicly available, provide a hard copy with the important sections highlighted. You may need to do this if the case is from a foreign jurisdiction or is very new.
  4. A memorandum that replies only to what the Minister wrote in the intervention documents. Your memorandum must not be longer than 30 pages if single-sided or 15 pages if double-sided.

Send your 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.

What address to use for the Minister

The address you need to use for the Minister depends on whether the Minister has intervened in your case.

  • If the Minister intervened at the RPD, you must send your documents to the address of counsel for that Minister. This address was provided to you during the RPD proceedings.
  • If the Minister intervened at the RAD, you must send your documents to the address in the notice of intervention.
  • If the Minister did not intervene at the RPD ​​or at the RAD​, then you must send your documents to:

    Immigration, Refugees and Citizenship Canada
    Reviews and Interventions Office
    25 St. Clair Avenue East, Suite 200
    Toronto, Ontario M4T 1M2
    Fax: 416-952-2420