Table of contents
The Refugee Appeal Division Handbook (RAD Handbook) discusses specific issues that arise from the determination of refugee appeals by the Refugee Appeal Division (RAD).
The RAD Handbook complements and extends the existing
IRB Legal Services Reference Papers,
Interpretation of Convention Refugee and Person in Need of Protection in the Case Law,
Assessment of Credibility in Claims for Refugee Protection, and
Weighing Evidence. While these existing papers discuss the definition of a “Convention refugee” and a “person in need of protection” under the
IRPA, and address case law on credibility determinations and weighing evidence, refugee appeals before the RAD raise specific issues which are comprehensively addressed in the RAD Handbook. These issues include ones such as, the standard of review to be applied by the RAD in reviewing decisions of the Refugee Protection Division (RPD), the admission by the RAD of “new evidence” on appeal, the convocation of an oral hearing by the RAD, the power of the RAD to examine new issues, natural justice issues regularly examined by the RAD, different procedures at the RAD and the remedies applicable by the RAD.
The RAD Handbook identifies principles of law with respect to the RAD that are settled and indicates how the Courts have applied those principles to some particular situations. The RAD Handbook also describes those areas of law relevant to the RAD in which the case law is conflicting or unsettled. In the RAD Handbook, reference will be made to decisions of the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada and, where applicable, the RAD. Foreign case law and decisions of the Convention Refugee Determination Division and the RPD are not generally included. The RAD Handbook will also address the legislation applicable to the RAD, the RAD Rules and, where applicable, the IRB Chairperson’s Guidelines, IRB Jurisprudential Guides, the UNHCR Handbook, the IRB Procedures and Practice notices, and the relevant IRB Legal Services Reference Papers.