Who Can Appeal?

• Refugee claimants whose original claim was made after December 15, 2012, and was denied by the Refugee Protection Division (RPD) are eligible to appeal.
• The Minister of Citizenship and Immigration Canada (CIC) can appeal a positive decision made by the RPD.

Exceptions to Who Can’t Appeal:

• Claimants who are designated foreign nationals (e.g., irregular arrivals by boat).
• Claimants whose refugee claim was withdrawn or abandoned.
• The RPD determined that the claim lacked credibility or was clearly unfounded.
• Claimants entered Canada through the USA, circumventing the Safe Third Country Agreement.
• The RPD issued a cessation or vacation order against the claimant.

Note: Those falling under these exceptions can still seek judicial review in the Federal Court.

What is the Procedure?

• A Notice of Appeal must be filed with the Refugee Appeal Division (RAD) within 15 days of receiving the RPD’s negative decision, with three copies required.
• The appellant’s record, including the decision, transcripts, evidence from the hearing, and related documents, must be submitted within 30 days of receiving the RPD’s decision, with two copies required.
• No new evidence can be introduced unless it was unavailable at the time of the original claim.
• If the Minister makes submissions, the appellant has 15 days to file a reply record.
• Extensions of time may be requested if deadlines are missed.
• Decisions are typically made based on the documents submitted and may not involve a hearing. A hearing is possible if significant credibility issues or central evidence are raised.

What are the Grounds for an Appeal?

• Appeals can be based on questions of fact, law, or a combination of both.

What if the Minister Appeals?

• The Minister will notify the refugee of the appeal, and the refugee can file a notice of intent to respond.
• The Minister will provide the refugee with their record, and the refugee may file a reply record.

What Will Be the Effect of the Decision?

• The RAD judge can: (1) dismiss the appeal, (2) allow the appeal and issue new reasons for the decision, or (3) allow the appeal and send the matter back to the RPD for reconsideration.
• If there was no hearing, the decision will be written. If there was a hearing, the decision may be delivered orally or in writing.
• A negative decision can be further appealed to the Federal Court within 15 days.
• Although legal representation is not mandatory for appealing to the RAD, it is highly recommended due to the complex legal and factual issues involved. Legal experts can provide essential assistance.