1. Filing an appeal

1. Filing an appeal

If you dis​agree with a negative refugee decision and want to appeal, you can appeal to the Refugee Appeal Division (RAD) under specific conditions.

Specific conditions

You cannot appeal the RPD decision to reject your refugee protection claim if:

  • you are a designated foreign national;
  • your refugee protection claim was withdrawn or abandoned;
  • the RPD decision says that your claim has no credible basis or is manifestly unfounded;
  • you made your claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement;
  • the Minister made an application to cease (end) your refugee protection, and the RPD decision allowed or rejected that application;
  • the Minister made an application to vacate (cancel) the decision to allow your refugee protection claim, and the RPD decision allowed or rejected that application;
  • your claim was referred to the RPD before the relevant provisions of the new system came into force in December 2012;
  • your claim for refugee protection was deemed to be rejected under Article 1F(b) of the Refugee Convention because of an order of surrender under the Extradition Act.

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.

*

The calculation of "days" should be by calendar days unless specified otherwise.

Return to note * referrer

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 RAD.
  • 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.

How to appeal to the Refugee Appeal Division (RAD)