Non-citizens who have had their refugee claim denied in Canada can appeal the decision to the Refugee Appeal Division (RAD). If you are interested in appealing your refused refugee claim to the Refugee Appeal Division, contact the legal team at Shory Law.
How Does an Appeal To the Refugee Appeal Division Work?
Contrary to other appeals, refugee appeals often do not lead to a hearing before a Decision Maker. They can be sent to a hearing, however, only in special circumstances. Most appeals at the Refugee Appeal Division are made via paper application.
Who Cannot Make an Appeal To the Refugee Appeal Division?
Only certain refugee claimants are allowed to make an appeal to challenge a refusal at the Refugee Protection Division. You are not allowed to appeal if:
- You are a designated foreign national
- Your refugee protection claim was withdrawn or abandoned
- The RPD decision says that your claim has no credible basis or is manifestly unfounded
- Who abandoned or withdrew their refugee claim
- You made your claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement
- Your claim for refugee protection was deemed to be rejected under Article 1F(b) of the Refugee Convention because of an order of surrender under the Extradition Act.
If you are unable to access the Refugee Appeal Division, you may be able to apply for Leave and Judicial Review at the Federal Court of Canada.
Shory Law Can Help You Prepare and File Your Appeal To the Refugee Appeal Division
Our team of immigration lawyers can help file and submit your application to the Refugee Appeal Division. We can also help those who are unable to file an appeal and want to request a leave and judicial review. Contact us about your situation and we will guide you on the best options for your situation.
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What happens if your refugee appeal is rejected?
If your appeal to the Refugee Appeal Division is rejected, your only course of action at that moment to challenge the decision is to go to the Federal Court of Canada and file an application for leave and judicial review.
How long would it take to become eligible for a Pre-removal Risk Assessment (PRRA) after my refugee appeal is refused?
In most cases, you must wait 12 months before you can apply for PRRA after you get a negative decision from:
- the Immigration and Refugee Board (IRB) on a refugee claim
- Immigration, Refugees and Citizenship Canada (IRCC) on another PRRA application
This includes if your application was:
You may be eligible for a PRRA before 12 months have passed if the conditions in your country change suddenly.