RAD appeals are primarily paper-based reviews — unlike the RPD, the RAD does not hold an oral hearing as a matter of course. The appeal proceeds on the basis of the RPD record and written submissions. An oral hearing may be directed by the RAD where it is satisfied that there is a serious credibility issue and new evidence has been admitted that the RAD believes should be tested orally.

The RAD's paper-based procedure is designed to provide a timely, full-merits review of RPD decisions without the time and cost of a fresh hearing in every case.

• IRPA s 110 — RAD appellate jurisdiction and procedure
• IRPA s 110(3) — the RAD must proceed without a hearing on the basis of the record before the RPD, subject to exceptions
• IRPA s 110(4) — new evidence on appeal: conditions for admissibility
• IRPA s 110(6) — oral hearing: the RAD may hold an oral hearing where new evidence is admitted and it raises a serious issue with respect to the credibility of the claimant
• RAD Rules (SOR/2012-257) — appeal notice, record, deadline, respondent's record, and oral hearing procedure

Step 1 — Notice of Appeal

The appellant (claimant or Minister) must file a Notice of Appeal with the RAD within 15 days of receiving the RPD decision. Filing is done electronically through the IRB's portal or by paper if electronic filing is not possible. Late appeals require an application for an extension, which is not automatically granted.

Step 2 — Appellant's record

Within 15 days of receiving the RPD's written reasons for decision, the appellant must file the Appellant's Record. The Appellant's Record contains:

• A copy of the RPD decision being appealed
• The Appellant's written submissions (memorandum) — explaining the errors alleged in the RPD decision
• Any new documents being submitted as evidence (subject to the s 110(4) criteria)
• Any transcripts of relevant oral testimony from the RPD hearing that the appellant is relying on

Step 3 — Respondent's record (if the Minister is respondent)

Where the Minister is the respondent (i.e., the claimant has appealed), the Minister may file a Respondent's Record with reply submissions. Where the Minister is the appellant, the claimant is the respondent and may file responsive submissions.

Step 4 — RAD decision

In most cases, the RAD reviews the record and written submissions and issues a written decision without holding an oral hearing. The decision will confirm, set aside, or (where a fresh hearing is required) refer the matter back to the RPD.

Oral hearings

The RAD has a discretionary power under IRPA s 110(6) to hold an oral hearing where:

• New evidence has been admitted on the appeal; and
• The new evidence raises a serious issue with respect to the credibility of the claimant

Oral hearings before the RAD are uncommon. Most appeals are decided on the written record. If an oral hearing is directed, the procedure is similar to an RPD hearing — the RAD member may question the claimant and hear submissions from counsel.

Timeline

The RAD does not publish binding target timelines for decisions. For current processing times, refer to the IRB statistics page. Historically, RAD decisions have been issued within several months of filing, though complex cases may take longer.

The most common ground for RAD appeals is that the RPD made an unreasonable credibility finding — for example, by relying on a minor inconsistency as the sole basis for rejection, or by reaching implausibility findings without grounding them in the evidence. Effective RAD appeals focus on specific, identifiable errors in the RPD's reasoning rather than simply restating the facts.

Refer to the IRB Appellant's Guide for current forms, deadlines, and filing instructions. The RAD Rules (SOR/2012-257) are available on the Justice Laws website.