When a decision is rendered on a Minister’s appeal of a positive refugee determination, the Refugee Appeal Division (RAD) will send you a written
Notice of Decision, along with an explanation of the reasons for the decision. The RAD also sends a copy to Immigration, Refugees, and Citizenship Canada (IRCC), as well as the Canada Border Services Agency (CBSA).
Three outcomes can result from an appeal of the Minister to the RAD:
- Appeal is allowed: RPD decision is set aside
- Appeal is rejected: RPD decision is confirmed
- Refer (send) the case back to the RPD and order a new hearing, giving the RPD the directions that it considers appropriate.
If the Minister’s appeal is allowed:
Refugee protection in Canada is denied to you.
You may wish to seek leave and judicial review at the
Federal Court of Canada
If the Minister’s appeal is rejected…
IRCC or the CBSA may seek leave and judicial review at the Federal Court of Canada, but must do so within 15 days. If this occurs, you will be notified.
If the Minister does not seek leave within 15 days, you will get “protected person” status. This means you can stay in Canada, and you may be eligible to apply for
If the RAD decides to refer the Minister’s appeal back to the RPD and order a new hearing, giving the RPD the directions that it considers appropriate.
- The RPD will inform you of next steps, including when a rehearing is scheduled.