Refugee Appeals in Federal Court

Refugee Appeals in Canada

The refugee appeal process in Canada is a crucial mechanism that allows an individual to challenge the decisions made by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).

Who Can Appeal?

While most rejected refugee claimants have the right to appeal to the RAD, certain circumstances may render individual’s ineligible. Unfounded claims, those lacking credible basis, or individuals subject to the Safe Third Country Agreement may face restrictions. Withdrawn or abandoned claims and those with revoked refugee protection status are also ineligible.

The Process:

The appeal process is predominantly paper based, with oral hearings being exceptional. The RAD, led by Governor in Council (GIC) appointees, base its decisions on documents provided and the RPD record. To initiate an appeal, individuals must submit a Notice of Appeal form within 15 days of receiving written reasons for the RPD decision, outlining RPD mistakes, desired RAD decision, and new evidence.

Possible Outcomes:

Upon review, the RAD may grant refugee status, send the case for a new RPD hearing, or dismiss the appeal. Dismissed appeals may be subject to judicial review.

While legal representation is not obligatory, it is highly recommended to hire a Lawyer. Lawyers play a crucial role in preparing appeals, identifying legal errors, and presenting strong cases. They also assist individuals in understanding their rights and options. At Pelican Law we are committed to fight for your rights in this process.