If the Refugee Protection Division (RPD) has refused your claim, you may be able to appeal to the Refugee Appeal Division (RAD). The RAD reviews the RPD’s decision for errors and can overturn a refusal that was wrong on the facts or the law. Since 2004, we have helped people seeking protection in Canada challenge refusals and put their strongest case forward.
The deadline to appeal to the RAD is very short — just 15 days to file. If your claim has been refused, contact us immediately.
A short and strict two-part deadline
You have 15 days from receiving the RPD’s written reasons to file your appeal, and (currently) 45 days to perfect it with your written argument and record. Missing either deadline can end your appeal before it is heard.
Not everyone can appeal to the RAD — we will confirm your route
Some claimants do not have a right of appeal to the RAD and must instead ask the Federal Court to review the decision. At your consultation, we will confirm whether your route is a RAD appeal or a Federal Court judicial review, and we will act quickly either way.
How a RAD appeal works
Most RAD appeals are decided on the written record rather than at an oral hearing. That makes the quality of the written argument decisive. In limited circumstances, new evidence that was not reasonably available before may be admitted, and an oral hearing may be held.
- We file your Notice of Appeal within the 15-day deadline.
- We prepare your appellant’s record — a focused written argument identifying the RPD’s errors of fact and law.
- The RAD decides: it may confirm the refusal, substitute its own decision to grant your claim, or send the matter back to the RPD.