The Refugee Appeal Division (RAD) is one of the four divisions of Canada's Immigration and Refugee Board (IRB). The RAD hears appeals of decisions made by the Refugee Protection Division (RPD) in refugee claims. An appeal can be brought by a claimant whose claim was rejected by the RPD, or by the Minister of Public Safety (CBSA) against a claim that was accepted. The RAD reviews the correctness of the RPD's decision — it is not a fresh hearing of the claim from the beginning, but it does allow new evidence in limited circumstances.

The RAD generally makes its decisions on a paper basis — by reviewing the submissions and the record from the RPD, without requiring the parties to appear in person. Oral hearings are ordered only in specific circumstances involving new evidence. For current guidance, refer to the IRB filing a refugee appeal page.

• IRPA, ss 110–111 — the statutory framework for the RAD: jurisdiction, right of appeal, grounds, evidence rules, and powers
• Refugee Appeal Division Rules, SOR/2012-257 — the procedural rules governing how appeals are filed and conducted
• IRB: Filing a refugee appeal — irb-cisr.gc.ca/rad-appeal
• IRB: Appellant's Guide — irb-cisr.gc.ca/appellant-guide
• IRB: Understanding the refugee appeal process — irb-cisr.gc.ca/rad-understanding

Who can appeal to the RAD

Not all RPD decisions are subject to a RAD appeal — there are specific exclusions under IRPA s 110(2). Persons whose claims were declared ineligible at the outset (never referred to the RPD) cannot appeal to the RAD. Additionally, persons who are subject to certain inadmissibility findings, or who had claims decided under the Designated Foreign Nationals or Designated Countries of Origin procedures (when those were in force), have limited or no RAD access. The IRB's guidance should be checked for current exclusions.

For claimants whose claims are eligible for a RAD appeal, both the claimant (if rejected) and the Minister of Public Safety (if a claim was accepted and the Minister disagrees) may file an appeal.

Filing deadlines

The RAD appeal process is initiated through two steps, each with a strict time limit:

• Notice of appeal: Must be filed within 15 days after the day on which the written reasons for the RPD decision are received. The notice of appeal informs the RAD that an appeal is being filed — it initiates the process but does not need to contain full arguments.
• Appellant's record: Must be provided to the RAD within 45 days after the day on which the written RPD reasons are received. The appellant's record contains the appeal submissions, arguments, and any new evidence the appellant wishes to introduce. The 45-day deadline is firm — late filings require an application for an extension.

Grounds of appeal

The RAD can review an RPD decision on any of the following grounds:

• Error of law: The RPD applied the wrong legal standard or misinterpreted the law
• Error of fact: The RPD made an unreasonable finding on the facts — including a credibility finding that cannot be sustained on the evidence
• Mixed law and fact: A combination of both types of error

New evidence at the RAD

The RAD can receive new evidence that was not before the RPD, but only in limited circumstances — the evidence must either be:

• Evidence that arose after the RPD hearing; or
• Evidence that was not reasonably available at the time of the RPD hearing; or
• Evidence that the claimant could not reasonably have been expected to present at the RPD (even if it was available)

The RAD assesses whether to admit the new evidence and considers its credibility and relevance. Counsel filing new evidence must explain why it meets one of these grounds — evidence that was simply not obtained before the RPD hearing, without further explanation, is generally not admissible.

How the RAD decides — paper review and oral hearings

The RAD generally makes its decisions on a paper review basis — by reviewing the RPD record, the appeal submissions, and any new evidence, without requiring the parties to attend a hearing. This is faster and less expensive than a full oral hearing.

However, under IRPA s 110(6), the RAD may order an oral hearing if it admits new evidence and that evidence raises a credibility issue that is central to the appeal. The hearing addresses the new evidence only — it is not a complete re-hearing of the original claim.

Outcomes

After considering the appeal, the RAD may:

• Confirm the RPD decision — the original decision stands (rejected claim remains rejected, or accepted claim remains accepted)
• Set aside and substitute a different decision — the RAD changes the outcome (accepts a rejected claim, or rejects an accepted claim)
• Refer back to the RPD for a new hearing — the RAD finds an error but determines the RPD should re-hear the matter rather than the RAD deciding it itself

After the RAD — judicial review

A negative RAD decision can be challenged in the Federal Court of Canada through judicial review. Federal Court review of a RAD decision requires leave (permission) from the Federal Court — an application for leave must typically be filed within 15 days of receiving the RAD decision. If leave is granted, a judicial review hearing follows. A stay of removal must be specifically requested and cannot be assumed from the leave application alone.

RAD appeals are complex procedural matters — the deadlines are strict and errors in preparing the appellant's record can be fatal to the appeal. Claimants are strongly encouraged to retain a refugee lawyer or accredited representative as soon as the RPD decision is received. For the current Appellant's Guide and all required forms, refer to irb-cisr.gc.ca/appellant-guide.

The 15-day notice deadline runs from receiving the written reasons — not from the date the decision was orally communicated at the RPD hearing. The written reasons are typically provided separately, sometimes weeks after the oral decision. Claimants and counsel should request the written reasons immediately after any negative decision to start the deadline clock.