The Refugee Appeal Division (RAD) decides appeals from decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. A person whose claim was rejected by the RPD can ask the RAD to review this decision in order to assess whether the RPD was wrong. An error by the RPD can be about the law, the facts, or both. The RAD decides whether to confirm or to change the RPD’s decision. It may also decide to send the case back to the RPD to hear it again, giving the directions to the RPD that it considers appropriate. The Minister can also appeal to the RAD a decision by the RPD allowing a claim.
The RAD generally makes its decisions without a hearing, on the basis of the submissions and the evidence provided by the parties. The person who is the subject of the appeal may also submit new evidence, for example, evidence that did not exist when the RPD made its decision. If the RAD accepts new evidence, it will consider the evidence in its review. It may also order an oral hearing to consider this new evidence.
Statistics
Please note that appeals finalized in a given year may have been filed in a previous year. The following tables include all intake: appeals by the claimant or by the Minister, and appeals that have been returned to the RAD from the Federal Court for re-determination.
Understanding RAD Appeals Tables
- Filed: New appeals filed to the RAD.
- Non-Merit: Appeals dismissed and finalized without an analysis of the substance of the RPD decision:
- Dismissed – Lack of RAD Jurisdiction: Certain types of RPD decisions cannot be appealed to the RAD—for example, claims of designated foreign nationals, rejected claims where the RPD stated that the claim had no credible basis, and claims that were determined by the RPD to be abandoned. Note: Until August 2014, this included appeals filed by nationals of designated countries of origin.
- Dismissed – Appeal not Perfected: After the filing of a notice of appeal, a proper record was not submitted by the appellant to the RAD, or not within the proper time limit.
- Dismissed – Withdrawn, Abandoned & Other: Other reasons or default in the proceedings that led the RAD to dismiss the appeal without an analysis of the merits.
- Merit: Appeals finalized where there has been an analysis of the substance of the RPD decision:
- Dismissed – Confirmed RPD: The RAD has confirmed the determination of the RPD, meaning that the appeal is dismissed.
- Allowed – Referred Back: The RAD has allowed the appeal and referred the matter to the RPD for re-determination, giving the directions to the RPD that it considers appropriate.
- Allowed – Substituted Determination: The RAD has allowed the appeal, set aside the RPD determination and substituted a determination that, in its opinion, should have been made.
- Total Finalizations: All appeals finalized on merit or non-merit during the time period indicated. Appeals may have been filed in a previous time period.
- Pending: All appeals that have not been finalized.
2016 Appeals by Region
|
Filed |
Non-Merit |
Merit |
Total Finalizations |
Pending (as of 2016/12/31) |
Dismissed - Lack of RAD Jurisdiction |
Dismissed - Appeal not Perfected |
Dismissed - Withdrawn, Abandoned & Other |
Dismissed - Confirmed RPD |
Allowed - Referred Back |
Allowed - Substituted Determination |
National |
3,813 |
276 |
156 |
112 |
1,618 |
570 |
235 |
2,967 |
1,938 |
Eastern |
1,095 |
76 |
44 |
39 |
391 |
145 |
49 |
744 |
859 |
Central |
2,421 |
133 |
69 |
62 |
1,164 |
374 |
180 |
1,982 |
936 |
Western |
297 |
67 |
43 |
11 |
63 |
51 |
6 |
241 |
143 |
Appeals by Country of Alleged Persecution - 2016
2015 Appeals by Region
|
Filed |
Non-Merit |
Merit |
Total Finalizations |
Pending (as of 2015/12/31) |
Dismissed - Lack of RAD Jurisdiction |
Dismissed - Appeal not Perfected |
Dismissed - Withdrawn, Abandoned & Other |
Dismissed - Confirmed RPD |
Allowed - Referred Back |
Allowed - Substituted Determination |
National |
2,959 |
250 |
148 |
85 |
1,606 |
483 |
209 |
2,781 |
1,092 |
Eastern |
979 |
79 |
44 |
25 |
554 |
130 |
70 |
902 |
508 |
Central |
1,696 |
135 |
58 |
38 |
959 |
302 |
132 |
1,624 |
497 |
Western |
284 |
36 |
46 |
22 |
93 |
51 |
7 |
255 |
87 |
Appeals by Country of Alleged Persecution - 2015
2014 Appeals by Region
|
Filed |
Non-Merit |
Merit |
Total Finalizations |
Pending (as of 2014/12/31) |
Dismissed - Lack of RAD Jurisdiction |
Dismissed - Appeal not Perfected |
Dismissed - Withdrawn, Abandoned & Other |
Dismissed - Confirmed RPD |
Allowed - Referred Back |
Allowed - Substituted Determination |
National |
2,391 |
258 |
193 |
57 |
1,060 |
296 |
71 |
1,935 |
914 |
Eastern |
868 |
85 |
42 |
18 |
352 |
91 |
15 |
603 |
431 |
Central |
1,322 |
133 |
120 |
24 |
637 |
163 |
54 |
1,131 |
425 |
Western |
201 |
40 |
31 |
15 |
71 |
42 |
2 |
201 |
58 |
Appeals by Country of Alleged Persecution - 2014
2013 Appeals by Region
|
Filed |
Non-Merit |
Merit |
Total Finalizations |
Pending (as of 2013/12/31) |
Dismissed - Lack of RAD Jurisdiction |
Dismissed - Appeal not Perfected |
Dismissed - Withdrawn, Abandoned & Other |
Dismissed - Confirmed RPD |
Allowed - Referred Back |
Allowed - Substituted Determination |
National |
1,146 |
184 |
63 |
27 |
291 |
85 |
38 |
688 |
458 |
Eastern |
419 |
76 |
16 |
7 |
119 |
26 |
9 |
253 |
166 |
Central |
591 |
82 |
40 |
14 |
141 |
55 |
25 |
357 |
234 |
Western |
136 |
26 |
7 |
6 |
31 |
4 |
4 |
78 |
58 |
Appeals by Country of Alleged Persecution - 2013