1. Filing an appeal
If you disagree with a negative refugee decision and want to appeal, you can appeal to the Refugee Appeal Division (RAD)
under specific conditions.
If you meet those requirements and want the
RAD within the
IRB to review the decision on your claim, you will have to first file an appeal.
Filing an appeal
To launch an appeal, you must file a
notice of appeal to the
RAD no later than 15 days* after the day on which you received the written reasons for the RPD decision. You must provide three copies (or one copy if submitted electronically) of your notice of appeal to the
RAD Registry in the
regional office that sent you your RPD decision.
You can deliver, mail or fax your notice of appeal to the
IRB regional office that sent the original refugee decision.
What are the time limits for an appeal?
The following time limits apply to your appeal:
- no more than 15 days after the day on which you received the written reasons for the RPD decision, you must file your notice of appeal.
- no more than 45 days after the day on which you received the written reasons for the RPD decision, you must file your appellant's record.
- Unless a hearing is ordered, the
RAD will wait 15 days before making a decision on your appeal.
- The Minister may decide to intervene and submit documentary evidence at any time before the
RAD makes a final decision on the appeal.
- If the Minister decides to intervene and to provide submissions or evidence to you, the
RAD will wait 15 days for you to reply to the Minister and the
- Once you have replied to the Minister and the
RAD, or if 15 days have passed and you have not replied, the
RAD will make a decision on your appeal.
What happens if I miss a time limit?
If you miss the time limit to file the notice of appeal or the appellant's record and you still want to continue with the appeal, you must file an
application for an extension of time.
The application for an extension of time must follow
rule 6 (Application for extension of time to file or perfect) and
rule 37 (How to make an application) of the
RAD Rules. You must provide three copies of your notice of appeal (or one copy only if submitted electronically) with your application. You must also provide an affidavit or solemn declaration that explains why you missed the time limits.