Refugee Appeal

A refused refugee claim is frightening, but it is not always the final word. Depending on how your claim was decided, you may have the right to bring a refugee appeal in Canada to the Refugee Appeal Division. This page explains what RAD is, who can appeal, what the deadlines look like, and what happens next.

Refugee Claim Refused? You May Still Have the Right to Appeal

Getting a refusal letter from the Refugee Protection Division is stressful, and the deadlines that follow move fast. Some claimants have the right to appeal that decision to the Refugee Appeal Division, though eligibility depends on how your claim was decided in the first place.

This is not a situation where you can afford to wait and think it over for a few weeks. A refugee appeal in Canada runs on strict timelines, and missing one can close off options that were otherwise available to you.

At the Law Office of Karan Mahal, we recommend getting your refusal reviewed as soon as you receive it so you know exactly where you stand.

What Is the Refugee Appeal Division (RAD)?

The Refugee Appeal Division is part of the Immigration and Refugee Board. It reviews certain decisions made by the Refugee Protection Division after a refugee claim is refused. A Refugee Appeal Division (RAD) lawyer can help you understand whether your specific decision qualifies for this kind of review.

RAD does not simply rubber stamp the earlier decision. Depending on the appeal, it can confirm the original ruling, change it, or send the matter back for a new hearing. A RAD appeal in Canada is a review of the RPD’s decision, not a brand new hearing from scratch, which is an important distinction for anyone starting this process.

How RAD Is Different From Federal Court Judicial Review

People often confuse a RAD appeal with a Federal Court judicial review, but the two work differently.

Understanding which process applies to your situation matters, since the two lead to very different outcomes.

Can Every Refugee Claim Be Appealed?

Not every RPD refusal comes with a right to appeal. This is one of the most important things to check early, since acting on the wrong assumption can waste valuable time.

Who Can Appeal to the RAD?

Most claimants whose claim was refused on the merits by the RPD have a right to appeal. This generally includes people who received a full hearing and a written decision explaining why their claim was refused.

Who Cannot Appeal?

A few categories are generally excluded from RAD appeals.

• Designated foreign nationals, in certain circumstances
• Claims caught by Safe Third Country Agreement exceptions
• Withdrawn or abandoned claims
• Claims decided without a hearing in specific situations
• Certain inadmissibility or exclusion cases

Eligibility depends heavily on how your particular claim was decided, so do not assume either way without checking your own file.

Grounds for a Refugee Appeal

A Refugee Protection Division (RPD) refusal appeal generally needs to point to a specific problem with the original decision, not just disagreement with the outcome.

Error in Law

The RPD member applied the wrong legal test, or misapplied the correct one, in a way that affected the outcome.

Error in Fact

The RPD reached a factual conclusion that was not reasonably supported by the evidence in front of it.

Procedural Fairness

You were not given a fair opportunity to present your case, whether through translation issues, lack of notice, or another process problem.

New Evidence

Evidence that was not reasonably available at the time of the RPD hearing may support an appeal, though this ground has its own strict limits.

Can You Submit New Evidence in a RAD Appeal?

This is one of the most misunderstood parts of the process. New evidence is only allowed in limited situations, and it generally needs to be evidence that arose after the RPD decision or that was not reasonably available before it.

Simply gathering stronger documents after losing your claim does not usually meet this test. The evidence has to fill a genuine gap that existed at the time of the original hearing, not just improve on what was already presented.

How to Appeal a Refugee Claim Refusal

Understanding how to appeal a refugee claim refusal starts with knowing the sequence of steps and the deadlines attached to each one.

1. Receive written reasons from the RPD explaining the refusal
2. File the notice of appeal within the applicable deadline
3. Prepare and file the appellant’s record
4. Wait for RAD to review the appeal
5. Receive the decision from RAD

Step 2: File the Notice of Appeal

The Notice of Appeal RAD deadline is generally 15 days after you receive written reasons from the RPD. This is a short window, and it starts running the moment you receive the decision, not when you get around to reading it carefully.

Step 3: Prepare the Appellant’s Record

The Appellant’s Record RAD submission generally needs to include a memorandum of argument, supporting evidence, an affidavit where applicable, and your legal submissions. This is typically due within about 30 days of receiving written reasons. It does not leave much room for last-minute preparation.

Step 4: RAD Reviews the Appeal

Most appeals are decided based on the written record. Oral hearings happen only in limited situations, generally where credibility is a central issue and specific conditions are met.

Step 5: Receive the Decision

Processing timelines vary, and no single figure applies to every file, so it is worth checking your own file’s progress rather than assuming a fixed schedule.

What Happens During a RAD Appeal?

Most appeals proceed on paper. RAD reviews the RPD’s decision, the record from the original hearing, and any properly admitted new evidence, then issues a written decision. Oral hearings are the exception rather than the rule, and RAD generally only holds one where the case meets specific legal criteria.

Possible Outcomes of a Refugee Appeal

An appeal can end in a few different ways, and it helps to understand each one before you file.

Appeal Allowed

RAD grants protection directly, without sending the matter back for another hearing.

Decision Returned to the RPD

RAD sends the case back for a new hearing, generally because of a legal or procedural problem with the original one.

New Hearing on Specific Issues

In some cases, RAD limits the new hearing to specific issues rather than reopening the entire claim.

Appeal Dismissed

RAD upholds the original refusal. This does not automatically mean immediate removal, since other legal options may still be available depending on your circumstances.

Can You Be Removed From Canada While a RAD Appeal Is Pending?

This question comes up constantly, and the honest answer requires some nuance. For most eligible RAD appeals, removal is generally stayed while the appeal is pending, meaning it does not proceed during that time. Exceptions exist, and not every situation qualifies for this protection.

Because removal timing can carry serious consequences, this is not something to guess about. If you are unsure whether your removal is stayed while your appeal is in progress, get that reviewed urgently rather than assuming either way.

What Happens If Your RAD Appeal Is Refused?

A dismissed appeal is not necessarily the end of your legal options, though the next steps look different from a RAD appeal itself.

Judicial Review

You may be able to seek judicial review at the federal court. This is a separate process from a RAD appeal, and it looks at whether the decision was legally reasonable and procedurally fair, rather than reweighing the evidence from scratch.

Deferral of Removal

In urgent removal situations, a deferral request may be a relevant option depending on your circumstances. This is a narrow and specific remedy, so it needs individual assessment rather than a general explanation here.

Common Mistakes That Can Hurt a Refugee Appeal

Certain issues come up again and again in RAD appeals, and most of them are avoidable with early preparation.

• Missing the Notice of Appeal or Appellant’s Record deadline
• Filing an incomplete appellant’s record
• Repeating old arguments without addressing the RPD’s actual findings
• Submitting weak or underdeveloped legal submissions
• Including new evidence without explaining why it should be admitted
• Waiting too long after the refusal to seek legal advice

Not every mistake leads automatically to dismissal, but each one adds unnecessary risk to a case that already has a lot at stake.

Why Work With the Law Office of Karan Mahal?

Appeals move quickly, and the quality of your appellant’s record often shapes the outcome. The Law Office of Karan Mahal reviews the RPD decision closely, looking for the specific legal or factual issues that could support an appeal.

Our work includes preparing the appellant’s record, developing legal arguments and supporting evidence, and representing you throughout the appeal process. As a refugee appeal lawyer in Brampton, our approach focuses on meeting deadlines and building a record that actually addresses the RPD’s reasoning, not just restating the original claim.

Refugee Appeal Lawyer Serving Brampton, Mississauga, and Ontario

We are based in Brampton and work with clients across Peel Region and the wider GTA. If you are looking for a refugee appeal lawyer in Ontario, our office assists clients from across the province, and we also act as a refugee appeal lawyer in Mississauga that clients turn to for urgent deadline reviews. Reach out as soon as possible after receiving your refusal, since these matters move on tight timelines.

Book a Free Refugee Appeal Consultation

If you recently received an RPD refusal, do not wait to get advice. We can review your decision, confirm your eligibility for a RAD appeal, check your deadlines, and help you understand the strategy that fits your situation.

Contact the Law Office of Karan Mahal to discuss your refugee appeal in Canada and understand your options before time runs out.