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Applications for extension of time to file:
Extension of time to file both the Notice of Appeal and the Appellant’s Record
If you were unable to file your Notice of Appeal and your Appellant’s Record on time, you have to make an application to the RAD for an extension of time. In this application, you must give the reasons why you are late. The application for an extension of time must follow rules 6 and 37 of the RAD Rules. You must provide three copies of your Notice of Appeal and two copies of your Appellant’s Record with your application. You also need an affidavit or statutory declaration in support of your application.
Extension of time to file the Appellant’s Record
If you filed your Notice of Appeal on time, but were unable to file the Appellant’s Record on time, you have to make an application to the RAD for an extension of time. In this application, you must give the reasons why you are late. The application for an extension of time must follow rules 6 and 37 of the RAD Rules. You must provide two copies of your Appellant’s Record with your application. You also need an affidavit or statutory declaration in support of your application.
Where to file your appeal documents
You must provide your documents to the RAD Registry office that is located in the same region as the Refugee Protection Division Registry office that provided the notice of decision to you.
You may decide that you want counsel to help you with your appeal. If your counsel is charging you a fee or receiving other payment, they must be a member in good standing of a provincial law society (lawyers and paralegals), of the Chambre des notaires du Québec, or of the Immigration Consultants of Canada Regulatory Council. If your counsel is not charging you a fee, you must complete the form called Notice of Representation Without a Fee or Other Consideration and provide it to the Minister and to the RAD as soon as possible.
If you have counsel, you are responsible for making sure that your counsel meets the deadlines.
You can obtain and complete the Notice of Appeal in the official language of Canada (English or French) that you choose. Any document in another language must be provided together with an English or French translation and a declaration signed by the translator that the translation is accurate.
The Appellant’s Guide found on the IRB website provides more information about choosing between English and French and about asking for an interpreter if an oral hearing is ordered in your appeal.
Your information may be shared with other organizations
The personal information that you provide in the appeal process is collected under the authority of the
Immigration and Refugee Protection Act for the purpose of deciding your appeal before the RAD. Your personal information may be shared with other organizations, including the Canada Border Services Agency, Immigration, Refugees and Citizenship and Canada, the Canadian Security Intelligence Service and law enforcement agencies, for the purpose of administration and enforcement of the
Immigration and Refugee Protection Act.
More information and forms are found within the
Access to the Refugee Appeal Division Rules (RAD Rules) can be found on the
Department of Justice Canada Web site.
If you do not have access to a printer, please present yourself to the nearest
IRB Office to obtain a paper copy of the Appellant’s Kit.