The Refugee Appeal Division (RAD) is the appellate division of the IRB that hears appeals from RPD decisions — both positive and negative. The RAD came into existence on 15 December 2012 with the coming into force of the Protecting Canada's Immigration System Act (PCISA). It provides a full review on the merits of RPD decisions for most refugee claimants, subject to exceptions for certain categories of claimants who do not have access to the RAD.

The RAD is not a fresh hearing — it is an appeal based on the RPD record. However, the RAD has broad powers and may admit new evidence in certain circumstances.

• IRPA s 110 — right to appeal; who may appeal; exceptions to RAD access; the RAD may allow an appeal and substitute a determination, or dismiss the appeal
• IRPA s 111 — RAD decisions: confirm the RPD decision, set it aside and substitute its own determination, or refer the matter back to the RPD
• IRPA s 110(4) — new evidence on appeal: conditions under which new evidence may be admitted
• RAD Rules (SOR/2012-257) — timing, filing requirements, record, oral hearings, and procedure

Who can appeal to the RAD

Both the claimant and the Minister may appeal a RPD decision to the RAD. The Minister may appeal where the RPD accepted a claim that the Minister believes should have been rejected.

A claimant has the right to appeal to the RAD from a negative RPD decision. However, the right of appeal does not exist in the following circumstances (IRPA s 110(2)):

• The RPD rejected the claim on the ground that it had no credible basis (s 107(2)) or was manifestly unfounded (s 107.1)
• The claimant is a designated foreign national (under the designated irregular arrival provisions)
• The claimant's country of nationality or last habitual residence is a Designated Country of Origin (DCO) — though as of 2026, this provision has been largely superseded by other amendments
• The claim was made by a person who arrived via the Safe Third Country Agreement (in respect of claims at the Canada–US land border)
• The RPD's decision was made in respect of an application to vacate or cease refugee protection

Grounds of appeal

A claimant may appeal on the grounds that the RPD made an error of law, an error of fact, or a mixed error of fact and law. The RAD reviews questions of law on a correctness standard and findings of fact on a more deferential standard (palpable and overriding error, per the Federal Court of Appeal). There is no requirement to obtain leave to appeal — the right of appeal is automatic where the claimant has access to the RAD.

Powers of the RAD

After hearing the appeal, the RAD may:

• Confirm the RPD's determination (dismiss the appeal)
• Set aside the RPD's determination and substitute its own — for example, allow an appeal from a negative RPD decision and grant the claim
• Refer the matter back to the RPD for re-determination where a fresh hearing with oral evidence is required and the RAD is unable to decide the matter on the appeal record

Further review

A RAD decision is subject to judicial review by the Federal Court. Leave is required. The Federal Court may only review on grounds of error of law or breach of procedural fairness — it will not reweigh the evidence unless the RAD's decision was unreasonable in the Dunsmuir/Vavilov sense.

The appeal deadline is 15 days from receipt of the written RPD reasons in most cases. An extension may be sought from the RAD, but extensions are not granted automatically. Missing the appeal deadline without a satisfactory explanation will result in the appeal being dismissed. Claimants should seek legal advice promptly after receiving a negative RPD decision.

Refer to the IRB Appellant's Guide for current RAD filing procedures and timelines.