Responding to a Minister’s appeal of a refugee decision

​​​​If you were granted refugee protection by the Refugee Protection Division (RPD), and Immigration, Refugees, and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) disagrees with that decision, they'll appeal to the Refugee Appeal Division (RAD). This is called a Minister's appeal. You have the right to respond to the appeal and to file documents.

If you decide not to respond, the RAD will decide the Minister's appeal based on documents the Minister provides and the RPD record.

You should know​

  • In a Minister's appeal, the Minister is the appellant, and you're the respondent. Read a list of important definitions.
  • A decision-maker, called a RAD member, decides the appeal.

On this page

What the Minister needs to do to appeal a case to the RAD

The Minister needs to file the appeal and perfect the appeal within specific time limits.

Filing the appeal

To file an appeal, the Minister must give you and the RAD a document called a notice of appeal. The time limit for this is 15 days after the day on which the Minister received the written reasons for the RPD decision.

Since the RPD sends its decision to you and the Minister at the same time, this means you should receive the notice of appeal within a couple of weeks of receiving the RPD decision.

Perfecting the appeal

To perfect the appeal, the Minister must give you and the RAD any supporting documents they want to use as evidence. A supporting document is any document other than the notice of appeal.

You should know

An appeal is perfected when all the documents necessary for the appeal have been submitted to the RAD within the timelines outlined in the RAD Rules.

The Minister may also give you and the RAD a document called an appellant's record. The time limit for this is 45 days after the day they received the written reasons for the RPD decision.

Responding to a Minister's Appeal

Once you've received all the supporting documents from the Minister, your time limit to respond to the appeal begins.

Important

If you decide not to respond, the RAD will decide the Minister's appeal on the basis of the Minister's documents and the RPD record.

If you choose to respond to the Minister's appeal of your refugee decision, you must:

Provide both to the RAD and to the Minister no more than 15 days after the day you received a supporting document from the Minister.

Give the RAD proof that you provided the notice of intent to respond and the respondent's record to the Minister.

If you need more time to file

If you miss the time limit for filing your notice of intent to respond and your respondent's record, and you still want to respond to the Minister's appeal, you must:

The Minister can reply to your response

If the Minister decides to reply to your response, the Minister must give the reply to you first and then to the RAD. The reply will include any documents that the Minister wants to use to support the reply and didn't provide with the notice of appeal or the appellant's record.

Additiona​l documents provided by the Minister

The Minister can continue to file additional documents or submissions up until the RAD decides the appeal. If the Minister files additional documents, you'll have 15 days to reply to those documents.

Sending documents to the RAD

You should send your documents electronically to the RAD. If you do this, you do not have to send a paper copy.​

Use the My Case portal

My Case is a secure online portal that lets you exchange documents with the IRB and stay informed about your case. If you have counsel, they must use the My Case portal to submit documents, letters, and evidence for you.​

When you're eligible to use My Case, we'll send you an invitation to register. Once you register, you can use My Case to:

  • send documents for your case (if you're self-represented only)
  • receive communications from the RAD
  • check the status of your appeal

Until you receive an invitation to register for My Case, you must continue to send documents by email or use another channel.

See the My Case user guide for more information on how to register and for technical help.

Send documents by email

When sending documents by email:

  • your documents must be attached in PDF format
  • the total file size of your email, including all attachments, can't be more than 20MB (megabytes)
  • if your document file size is too large, you can create smaller document packages and send them to us in more than one email

Send your documents to the RAD registry in the region where your case is being processed.

We'll send you an automated reply to let you know that your email was received.

Note: You cannot use any other electronic method to send documents unless you request permission from the RAD.

You can make a request by sending an Application to send documents using another electronic method.

See Practice notice: Providing documents to the RPD and the RAD electronically or by fax for more information.

Send documents by mail, courier, or in-person delivery

If you're unable to send documents by My Case or email, you may send them to the RAD registry in the region where your case is being processed by:

  • regular mail
  • registered mail
  • courier
  • in-person delivery

Receiving documents from the RAD

If you have counsel:

  • the RAD will send all documents to your counsel
  • your counsel will share this with you

If you don't have counsel:

  • the RAD will send all documents to you directly by mail

See Representation at the RAD for more information on counsel.

When the RAD makes a decision, it will send you a Notice of Decision. This includes:

  • the decision (if the appeal was accepted or rejected)
  • the reasons for the decision

The RAD also sends a copy to IRCC and CBSA.

Important

Always keep your contact information up to date.  If you move, send the RAD and the Minister your name, your RAD file number, and your new mailing address immediately.

Possible outcomes of the Minister's appeal

There are 3 outcomes that can result from an appeal of the Minister to the RAD:

The appeal's allowed

The RAD didn't agree with the RPD's decision and the RPD's decision is set aside. The RAD will replace the RPD's decision with a different decision.

Refugee protection in Canada is denied to you.

You may wish to ask permission from the Federal Court to file an appeal.

The appeal's rejected

The RAD agrees with the RPD's decision.

IRCC or CBSA may ask permission of the Federal Court to file an appeal but must do so within 15 days. If this occurs, you'​ll be notified.

If the Minister doesn't seek permission within 15 days, you'll get protected person status. This means you can stay in Canada, and you may be eligible to apply for permanent residence.

The case is referred back to the RPD

The RAD sends your case back to the RPD and orders a new hearing. The RAD will also give the RPD certain directions that the RAD considers appropriate.

If the RAD decides to refer your case back to the RPD and order a new hearing, the RPD will inform you of next steps, including when a new hearing is scheduled.

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