Refugee Appeal in RAD

Refugee Appeals in RAD (Refugee Appeal Division)

A Refugee Appeal to the Refugee Appeal Division (RAD) in Ontario, Canada, is a legal process that allows individuals whose refugee claims have been refused by the Refugee Protection Division (RPD) to challenge that decision. The RAD is part of the Immigration and Refugee Board of Canada (IRB) and provides an opportunity to have the case reviewed based on errors in law, fact, or procedure.

An appeal to the RAD must generally be filed within 15 days of receiving the written decision from the RPD, followed by submitting the required appeal record within 30 days. The appellant must clearly explain why the RPD decision was incorrect, highlighting any mistakes in the assessment of evidence, credibility findings, or application of legal principles. In some cases, new evidence may be submitted if it was not reasonably available at the time of the original hearing or if it is relevant and credible.

The RAD primarily reviews the case based on written submissions, although in certain situations, it may hold an oral hearing if credibility is a central issue. The Division has the authority to confirm the RPD decision, set it aside and substitute its own decision, or refer the matter back to the RPD for re-determination.

It is important to note that not all claimants have access to the RAD, such as individuals from designated safe countries or those with certain types of claims. Given the strict timelines and legal complexity, obtaining legal representation or advice is highly recommended. A well-prepared RAD appeal can be crucial in ensuring that protection is granted to individuals who genuinely face risk in their home country.