RAD Appeal Process

The Refugee Appeal Division (RAD) is the appellate body within the Immigration and Refugee Board of Canada (IRB) that hears appeals from decisions of the Refugee Protection Division (RPD). A person whose refugee claim is rejected by the RPD may — subject to eligibility — appeal to the RAD.

This page summarises the RAD appeal process. For the RAD's jurisdiction and structure, see the RAD overview page. For the detailed step-by-step procedure including timelines and document requirements, see RAD — appeal process (detailed).

The RAD is established under IRPA s 110. Section 110(1) creates the right of appeal. Section 110(4) restricts the admission of new evidence on appeal — new evidence is only admissible if it arose after the RPD rejection or was not reasonably available at the RPD hearing. Section 111 sets out the decisions the RAD may make. The Refugee Appeal Division Rules (SOR/2012-257) govern procedure.

Who can appeal: Generally, a claimant whose RPD claim was rejected may appeal to the RAD. However, certain claimants are excluded from the RAD process, including claimants designated as irregular arrivals and claimants from designated countries of origin (where the designation applies).

Notice of Appeal: A Notice of Appeal must be filed at the RAD within 15 days of receiving the written RPD decision. This is a strict deadline. The Appellant's Record (containing submissions and any new evidence) must be filed within 30 days of receiving the RPD decision.

Grounds of appeal: Appeals are on questions of fact, law, or mixed fact and law arising from the RPD decision. The most common grounds are that the RPD member made an error in credibility findings, applied the wrong legal test, or failed to adequately consider key evidence.

New evidence: New evidence may only be admitted if it: (a) arose after the RPD hearing; (b) was not reasonably available at the RPD; or (c) was not presented at the RPD for reasons that could not reasonably have been foreseen. This is a significant restriction — the RAD is primarily a review of the RPD record, not a fresh hearing.

RAD hearing: Most RAD appeals are decided on the written record without an oral hearing. The RAD may hold an oral hearing if it considers it necessary to decide the appeal — this is uncommon. The Minister may intervene in RAD proceedings.

Decisions: The RAD may: (a) confirm the RPD decision; (b) set aside the RPD decision and substitute its own determination; or (c) refer the matter back to the RPD for re-determination (if the RAD cannot make a final decision without hearing evidence). A set-aside in the claimant's favour results in recognition as a Convention refugee or person in need of protection.

After the RAD: A negative RAD decision may be challenged by judicial review in the Federal Court, with leave, within 15 days. A positive RAD decision leads to permanent residence processing.