Refugee Rejections

Refugee Appeal Division provide an opportunity to establish that the Refugee Protection Division decision has done something wrong in in deciding the case on the matter of fact or law or both, and it allows new evidence that was not reasonably available at the time of the Refugee Protection Division process.

Failed asylum claimants can appeal a negative decision. Decisions on most claims are expected within 120 days unless a hearing is held. Decisions on claims from people from designated countries of origin or those with manifestly unfounded claims will be rendered within 30 days unless a hearing is held. Almost all hearing are decided on the documents produced, only in rare circumstances an Oral hearing is allowed.

There is a strict deadline of 15 days for applying to RAD from the day of receiving a decision rejecting your refugee claim. If you miss this deadline, you may be unable to have your appeal heard at the RAD.

If your appeal is allowed:

• Immigration, Refugees and Citizenship Canada (IRCC) will processing the permanent resident visa application.
• You can contact IRCC to check the status of your application.

If your appeal is dismissed:

• The decision by IRCC to refuse your refugee claim remains the same. Your appeal is closed at the RAD. You may wish to seek legal advice.
• Appealing to the Federal Court.
• Either you or Minister’s Counsel may apply to the Federal Court of Canada for leave, or permission, for judicial review of any RAD decision. The Federal Court of Canada will either dismiss the application or return the case to the Refugee Protection Division RPD for re-hearing.