You must provide two copies (or one copy only if submitted electronically) of the appellant's record to the RAD no later than 45 days after the day on which you received the written reasons for the RPD decision. As part of the appellant's record, you must include a statement saying whether you are submitting new evidence and whether you are asking for an oral hearing.
The appellant's record must have consecutively numbered pages (i.e. 1, 2, 3...) and contain the following documents, in this order:
The notice of decision and the written reasons for the RPD decision that you are appealing.
All or part of the transcript of the RPD hearing, if you want to use it in support of your appeal. Note that you are not required to submit a transcript. However, if you want to use one in support of your appeal, you must arrange to have it produced from the recording that was provided to you with the RPD decision. You also need to provide a statement that the transcript is accurate, signed by the person who made it.
The evidence the RPD refused: If you want to use these documents in support of your appeal, include any documents the RPD refused to accept as evidence during or after the hearing.
A written statement that states:
- whether you are submitting new evidence that meets the requirements in
subsection 110(4) of the IRPA, that is, evidence that did not exist or was not available to you when your refugee protection claim was rejected;
- whether you are asking for an oral hearing to be held under
subsection 110(6) of the IRPA;
- if you are asking for an oral hearing, whether you are also asking to change the location of the hearing under
rule 66 of the
RAD Rules; and
- if you need an interpreter, the language and dialect, if any, to be interpreted.
Any other documentary evidence that supports your appeal.
Legal authorities: This means any law, case law or other legal authority that supports your appeal. For legal cases that are publicly available, you can provide references and links (for example, links from
CanLII) instead of hard copies. If the case is not publicly available (for example, because it is from a foreign jurisdiction or it is very recent), provide a hard copy with the relevant portions highlighted.
A memorandum, which is a document that gives as many details as possible about:
- the specific mistakes made by the RPD that you want the RAD to review;
- where to find these mistakes in the RPD reasons or in the recording or transcript of the hearing;
- if your appeal is based on documents that the RPD member did not have when the RPD decision was made, how this new evidence meets the requirements of
subsection 110(4) of the IRPA and how it is related to your situation;
- if you are asking for an oral hearing, how the new evidence you are providing meets the requirements of
subsection 110(6) of the IRPA, which requires that it raises a serious issue about your credibility, that it is central to the RPD decision, and that, if accepted, would justify allowing your refugee protection claim; and
- what decision you want the RAD to make.
Your memorandum must not be longer than 30 pages if single-sided or 15 pages if double-sided.
All of the documents in your appellant's record must be typed (not written by hand) in 12-point or larger font, on letter-size paper (216 mm by 279 mm, or 8½ inches by 11 inches). All photocopies should be clear and made on letter-size paper.