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Refugee Appeal Division

The Canada Refugee Appeal Division (RAD) is a division of the Immigration and Refugee Board (IRB) that hears claims rejected by the Refugee Protection Division (RPD). The Refugee Appeal Division:

  • Give a chance to claimants explaining that the RPD’s decision was wrong in fact or law or both, and
  • Let’s find new evidence that was not sensibly accessible at the time of the RPD’s process.

The appeal is mainly paper-based and doesn’t, by and large, involve an oral hearing. The Canada Refugee Protection Division may, however, require a hearing if they believe it is necessary on specific grounds. While the claimant may demand an oral hearing, the RAD doesn’t assist. As noted, if the RPD gives refugee status to an individual, the Minister still has the right to file an appeal to the RAD if they believe the RPD failed in their final decision.

Refugee Claim Appeal

To get eligible for the Canada Refugee Appeal Division, an individual must include:

  • If the Immigration Refugee Board (IRB) decided that the claim is manifestly unfounded.
  • If the IRB determined that the refugee claims have no credible basis
  • Claimants who subjected to an exception to the Safe Third Country Agreement
  • Claims were referred to the IRB before the new refugee system comes into power; and re-hearings of those claims as a result of review by the Federal Court
  • Individuals who appear as part of a designated irregular arrival
  • Refugee claim was eliminated or declared abandoned
  • Those cases in which the RPD at the IRB allowed the Minister’s application to vacate or cease their refugee protection
  • If the Minister terminates or quits refugee status on the permission of the RPD
  • If a refugee claim was rejected because of an order to surrender under the Extradition Act
  • The refugee appeal division decision on a Pre-Removal Risk Assessment (PRRA)

Note: All failed claimants can still ask the Federal Court to review a refusal decision.

Refugee Appeal Division Process

The RPD has the authority to reject, allow the appeal, and send back the matter to the RPD. The steps before the RAD are as follows:

  1. The Refugee Protection Division rejects a refugee claim.
  2. The claimant or the Minister files an appeal to the Refugee Appeal Division.
  3. If no oral hearing is required, the RAD will analyze all the evidence and make a decision.
  4. The appeal is dismissed, and a removal order is issued.
  5. The refugee appeal is approved and remitted to the Refugee Protection Division.

If an individual got the status of a protected person and permanent residence status, it is necessary to keep in mind that the Government has the authority to withdraw your refugee status for any reason. Your refugee status also is vacated if you provide false evidence when you file a claim.

How Move Immigration Services Help

If you believe that you are eligible to appeal to the RAD or looking to file an appeal to the Refugee Appeal Division, or if you have already filed a refugee appeal to the RAD, Move Immigration Services is the best consultancy platform.
Feel free to contact us at +1 (416) 996-0786 or email us: info@moveimmigration.com.

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