Appellants
The Refugee Appeal Division (RAD) decides appeals of decisions made by the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. In most cases, the RAD will proceed without a hearing, on the basis of the documents provided by the parties and the RPD record.
The RAD Appellant’s Record Form
The RAD Appellant’s Record Form is the document in which the appellant presents his appeal to the RAD.
We strongly encourage appellants to use it in order to present the best possible appeal to the RAD.
RAD Information Sessions
Information sessions are being held to help refugee appellants better understand the appeal process and how to properly file and perfect their appeals. The Refugee Appeal Division (RAD) supports this initiative in order to maintain an efficient appeal process. The sessions are offered in our three main regional offices located in Montreal, Toronto and Vancouver.
Refugee Appeal Process
If your refugee claim is rejected, you may appeal this decision to the RAD. However, you cannot appeal to the RAD in the following cases:
- you are a Designated Foreign National (DFN)
- your claim was referred as an exception to the Safe Third Country Agreement
- the RPD decided that your claim is manifestly unfounded
- the RPD decided that your claim has no credible basis
- your claim was withdrawn or declared abandoned
- your claim was referred to the IRB before the coming into force of the new refugee protection provisions
In addition, you cannot appeal to RAD about:
- a decision from a rehearing of a claim that was referred to the IRB before the coming into force of the new refugee protection provisions
- a decision on a Minister's application to vacate refugee protection or on a Minister's application for cessation of refugee protection
- the deemed rejection of a claim because of an order of surrender under the Extradition Act
- a decision on a pre-removal risk assessment (PRRA)
Respondents: How to respond to an Appeal
If you were granted refugee protection by the RPD and the Minister is appealing that decision, 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 on the basis of the Minister’s documents and the RPD record.
To make sure the RAD will review your response to the Minister’s appeal, you must:
- submit a “Notice of Intent to Respond”;
- prepare your respondent’s record;
- provide a copy of your notice of intent to respond and your respondent’s record to the Minister and then to the RAD no later than 15 days after the day on which you receive 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;
- make sure that all of the documents you provide are in the right format; and
- provide your documents on time.
If you do not do all of these things, the RAD may not take your response to the Minister’s appeal into consideration.