If the Refugee Protection Division rejects a claim, most claimants can appeal to the Refugee Appeal Division of the Immigration and Refugee Board. The appeal is decided mainly on paper, it runs on deadlines counted in days, and it can end with the claim being accepted, the rejection confirmed, or the case sent back for a new hearing. This page explains the process and who can represent you in it.
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The two deadlines
The Board’s rules set two time limits, both counted from the day you receive the written reasons for the RPD decision. The notice of appeal must be filed within 15 days. The appellant’s record, which is the full appeal with your written arguments and any new evidence, must be filed within 45 days. Miss either one and you must apply for an extension of time, and the Division may dismiss an appeal that does not meet the filing requirements without examining it.
Day 15: notice of appeal
A short form that tells the RAD you are appealing.
Day 45: appellant’s record
The RPD decision and reasons, the transcript where needed, the written submissions, and any new evidence with an explanation of why it is admissible.
Minister’s response
The Minister may intervene and file a response; you may reply.
Decision
Usually on the documents, without a hearing.
What the appeal argues
The RAD reviews whether the RPD got the law or the facts wrong. The written submissions identify the specific errors in the reasons: a credibility finding that ignored evidence, a misreading of the country documents, a wrong legal test, a breach of fairness at the hearing. General disagreement with the result is not a ground of appeal.
Because the RAD decides most appeals on the record, the quality of the written argument is the case. A rejected claim is not re-heard; it is re-examined through the lens of the errors you can show.
New evidence at the RAD
The RAD accepts only evidence that arose after the RPD decision, or that was not reasonably available or could not reasonably have been expected to be presented at the time of the hearing. Each new document has to be accompanied by an explanation of how it meets that test. Evidence that was available and simply not filed is generally refused, which is one reason the RPD hearing itself has to be prepared thoroughly.
If the RAD admits new evidence that raises a serious issue of credibility and is central to the decision, it may hold a hearing. That is the exception.
Outcomes, and who cannot appeal
The RAD can confirm the RPD decision, set it aside and substitute its own decision accepting the claim, or send the matter back to the RPD for a new hearing with directions. A decision that goes against you can be the subject of a judicial review application at the Federal Court within the deadline set by law.
Some RPD decisions cannot be appealed to the RAD, including claims that were withdrawn or abandoned and claims the RPD found to have no credible basis or to be manifestly unfounded. For those, the only review is at the Federal Court, and the deadline is measured in days from the decision.
Whether you have a right of appeal, and how many days remain, is the first thing to establish after a rejection. Bring the decision and the written reasons to the consultation.
RCIC-IRB representation
Only a licensed representative with the RCIC-IRB designation, or a member of a law society, is authorised to represent you before the Immigration and Refugee Board for a fee. Shirani Daniel holds that designation and appears before the RPD and the RAD. A representative who cannot be found on the CICC public register with the IRB authorisation cannot lawfully file your appeal.
See also refugee claims and protection and the pre-removal risk assessment.
Based in Edmonton, working across Alberta
Imprint Immigration Services represents claimants in Edmonton and across Alberta at the RPD and on appeal at the RAD. Consultations are held in person and by video, and appeal deadlines are treated as urgent from the first call.
Working with an RCIC-IRB in Edmonton
Imprint Immigration Services is led by Shirani Jenita Daniel, a Regulated Canadian Immigration Consultant authorised to represent clients before Immigration, Refugees and Citizenship Canada and before the Immigration and Refugee Board. Her CICC licence number is R705794 and it can be checked on the CICC public register.
A consultation is a paid appointment where your situation is reviewed and the options that may apply are explained to you. It is a review, not a prediction. No representative can tell you what an officer will decide.
Consultations are held in Edmonton and remotely. Call (825) 435-1101 or book a consultation.
Common questions about RAD appeals
- How long do I have to appeal a refugee decision?
- Under the Refugee Appeal Division Rules, the notice of appeal must be filed no more than 15 days after you receive the written reasons for the RPD decision, and the appellant’s record no more than 45 days after that same date. Confirm the dates on the decision you received.
- Is there a hearing at the Refugee Appeal Division?
- Usually not. Most RAD appeals are decided on the documents: the RPD record, the written submissions and any admissible new evidence. A hearing may be held where new evidence raises a serious credibility issue central to the decision.
- Can I submit new evidence to the RAD?
- Only evidence that arose after the RPD decision, or that was not reasonably available or could not reasonably have been expected to be presented at the hearing. Each document must be accompanied by an explanation of how it meets that test.
- What can the RAD decide?
- It can confirm the RPD decision, set it aside and substitute its own decision, or refer the matter back to the RPD for a new hearing with directions.
- Who cannot appeal to the RAD?
- Among others, claimants whose claims were withdrawn or abandoned, and claimants whose claims the RPD found to have no credible basis or to be manifestly unfounded. In those cases the remaining review is at the Federal Court, on a short deadline.
- Can an immigration consultant represent me at the RAD?
- Only a consultant who holds the RCIC-IRB designation from the College of Immigration and Citizenship Consultants. Shirani Daniel holds it, under licence R705794, which can be checked on the CICC public register.
This article is general information and is not immigration advice. Advice about your own situation comes from a consultation with Shirani Jenita Daniel, RCIC-IRB, CICC Licence R705794. Representation begins only once a retainer is signed.