A refused refugee claim does not always mean the end of the road. In many cases, a claimant whose claim the Refugee Protection Division refused may appeal that decision to the Refugee Appeal Division — commonly known as the RAD. The RAD is a separate division of the Immigration and Refugee Board of Canada. It reviews RPD decisions and can set aside a refusal where the RPD made a reviewable error.
Many people confuse the RAD with a second refugee hearing, a new refugee claim, or a Federal Court application. Understanding what the RAD actually does — and what it does not do — is essential before taking any steps after an RPD refusal. Furthermore, the timeline for filing a RAD appeal is very short, and missing the deadline removes the appeal option entirely.
"The deadline to file a RAD appeal is 15 days from the date the written RPD decision is received. Missing this deadline almost always means losing the right to appeal. Act immediately after receiving the RPD decision."
What Is the Refugee Appeal Division?
The RAD's Role in the Refugee System
The Refugee Appeal Division is a specialized appellate body within the Immigration and Refugee Board of Canada. It reviews decisions made by the Refugee Protection Division. Where the RPD refuses a refugee claim, the RAD may review whether the RPD made an error of law, an error of fact, or a mixed error of law and fact. The RAD may also consider whether the RPD applied the correct legal standard and whether the decision was reasonable based on the record before the RPD.
What the RAD Can Do
After completing its review, the RAD may confirm the RPD decision, set it aside and substitute its own decision, or refer the matter back to the RPD for a new hearing. Importantly, the RAD is not simply a higher-level version of the RPD. The RAD performs a reviewing function — it does not normally hold a full new hearing where the claimant can simply repeat the claim from the beginning. Consequently, the grounds of appeal and supporting arguments must engage directly with what the RPD actually decided.
Who Can Appeal to the RAD?
General Eligibility
Generally, a claimant whose refugee claim the RPD refused may file a RAD appeal. The Minister may also appeal an RPD decision in some circumstances. However, not every refused claimant qualifies for a RAD appeal. Several exceptions exist where appeal rights are excluded, including:
- Claims found ineligible because of the Safe Third Country Agreement
- Claims designated as manifestly unfounded by the RPD
- Claims designated as having no credible basis by the RPD
- Claims from designated countries of origin where applicable
- Claims where the claimant withdrew or abandoned the claim
- Certain other statutory exclusions depending on the specific facts
Check Appeal Rights Immediately After Refusal
Therefore, the first step after receiving an RPD refusal is to check whether RAD appeal rights exist. Assuming the right to appeal without verification can be dangerous — particularly where the claim was designated as having no credible basis or where the Safe Third Country Agreement was involved. Legal advice immediately after receiving the RPD decision is strongly recommended.
The RAD Appeal Deadline — 15 Days
Why the Deadline Is Strict
The deadline to file a Notice of Appeal with the RAD is generally 15 days from the date the written RPD decision is received. This is not a guideline — it is a hard deadline. Missing the 15-day deadline generally ends the right to appeal at the RAD. An extension may theoretically be requested in exceptional circumstances, but extensions face high standards and rarely succeed where the delay is unexplained or where the person was aware of the decision and simply did not act.
Starting the Clock Correctly
The 15-day clock starts from receipt of the written decision — not from the date the member orally communicated a negative outcome at the hearing. Where the member reserved the decision after the hearing, the written reasons may arrive separately. The applicant must review the written decision promptly upon receipt and seek advice immediately. Furthermore, the RPD notice confirming when the written decision was sent or received may be important for calculating the exact filing deadline.
Filing the Notice of Appeal
What the Notice of Appeal Includes
The Notice of Appeal must be filed with the RAD within the 15-day deadline. The Notice of Appeal is not the full appeal — it initiates the appeal and preserves the right to proceed. After filing the Notice of Appeal, the appellant receives a copy of the RPD record through the process. The appellant then prepares and files a written Appellant's Record, which includes the full appeal submissions.
Timing for the Appellant's Record
The deadline for the Appellant's Record is generally 30 days after the appellant receives the RPD record. This is where the detailed legal and factual arguments go — together with any new evidence the appellant seeks to introduce. The Appellant's Record is the heart of the RAD appeal. A weak, unfocused, or late Appellant's Record seriously harms the appeal regardless of how strong the underlying facts may be.
Grounds of Appeal to the RAD
What the RAD Reviews
A RAD appeal must identify specific errors in the RPD decision. Simply saying that the RPD was wrong, that the claimant told the truth, or that the situation in the home country is dangerous does not constitute a proper ground of appeal. The RAD reviews whether the RPD made an error of law, an error of fact, or a mixed error. Common grounds include:
Why Specific Arguments Matter
The RAD expects focused, specific arguments tied directly to the RPD record. General statements of disagreement do not succeed. The appeal must explain exactly what the RPD did wrong, where in the decision the error appears, which paragraph of the RPD reasons is challenged, what evidence the RPD ignored or misread, and why the error materially affected the outcome. This requires a thorough review of the RPD reasons before the appeal submissions are written.
New Evidence at the RAD
When New Evidence May Be Admitted
The RAD may consider new evidence in some circumstances. Generally, the RAD may admit new documentary evidence where it arose after the rejection, was not reasonably available before the rejection, or was not reasonably expected to be relevant before the rejection. New evidence must be submitted with the Appellant's Record or within the applicable timelines and procedural directions from the RAD.
What Makes New Evidence Strong
Strong new evidence for a RAD appeal directly addresses an issue the RPD considered. For example, a new police arrest warrant, a new affidavit about a post-RPD incident, updated country-condition evidence reflecting recent political developments, or a medical report obtained after the RPD hearing may all potentially qualify as new evidence. Nevertheless, the evidence must be credible, relevant, and material to the issues decided by the RPD — not simply additional support for arguments already rejected. Sending the same type of evidence the RPD already rejected, without explaining why it should now be accepted, rarely improves the appeal outcome.
Does the RAD Hold a Hearing?
Most RAD Appeals Are Decided in Writing
Most RAD appeals do not involve an oral hearing. The RAD generally decides appeals based on the written record — the RPD record, the Appellant's Record, and the Respondent's Record if the Minister filed one. This is a fundamental difference between the RPD and the RAD. The RPD hears live testimony. The RAD reads the written submissions and decides whether the RPD made a reviewable error.
When the RAD May Hold a Hearing
The RAD may hold a hearing in limited circumstances — generally where the RAD considers the appeal raises a serious issue of credibility, the issue is central to the appeal, and accepting the evidence could justify allowing the appeal. Even then, the RAD oral hearing is narrower than an RPD hearing. It focuses on the specific issue that caused the RAD to convene the hearing — not a full re-run of the original claim.
The RPD Record and the Appellant's Record
Understanding the RPD Record
After the Notice of Appeal is filed, the RAD obtains and sends a copy of the RPD record to the appellant. The RPD record typically includes the BOC form and narrative, all exhibits filed at the RPD hearing, the hearing audio recording, the RPD written decision, relevant forms and procedural documents, and any Minister's intervention materials. Reviewing the RPD record carefully before writing appeal submissions is essential — the appeal must engage with the actual RPD record, not a general description of the claim.
Building the Appellant's Record
The Appellant's Record includes the Notice of Appeal, the written appeal submissions, any new evidence the appellant seeks to introduce, written argument on the grounds of appeal, and supporting legal authorities where appropriate. The submissions should be organized, specific, and directly tied to identifiable paragraphs of the RPD decision. Vague submissions that simply disagree with the RPD without pointing to specific errors rarely succeed before the RAD.
RAD Outcomes
Three Possible Results
After reviewing the appeal, the RAD may reach one of three outcomes:
Confirm the RPD Decision
The RAD agrees with the RPD and dismisses the appeal. Where this happens, the RPD refusal stands and the claimant faces removal risk. Options may include Federal Court judicial review, PRRA if eligible, H&C review, or removal-related strategy depending on the specific facts and timing.
Set Aside the RPD Decision and Substitute Its Own
The RAD finds the RPD made an error, sets aside the refusal, and makes its own decision — which may be to allow the appeal and grant protection, or to refuse on different grounds. This is the best outcome for the claimant where the RAD accepts the appeal.
Refer the Matter Back to the RPD
The RAD finds an error but determines the matter should go back to the RPD for a new hearing with different directions. This can mean a new RPD hearing before a different member, which gives the claimant another opportunity to present evidence and testimony.
If the RAD Dismisses the Appeal
Options After a RAD Refusal
Where the RAD dismisses the appeal and confirms the RPD refusal, the claimant faces an increased removal risk. CBSA may begin removal steps. At this stage, options may include Federal Court judicial review of the RAD decision, PRRA if the claimant becomes eligible, H&C review where applicable, deferral of removal where urgent circumstances exist, or Federal Court stay of removal where removal is imminent. Each option carries its own legal requirements, timelines, and limitations.
Acting Quickly After RAD Refusal
After a RAD dismissal, time becomes extremely important. CBSA may move quickly toward scheduling removal. Waiting for CBSA to make contact before seeking advice is one of the most dangerous mistakes a claimant can make at this stage. Furthermore, the deadline for Federal Court judicial review of the RAD decision is generally 15 days from the date of the RAD decision. That deadline passes quickly — and missing it eliminates the Federal Court option entirely.
Federal Court After RAD
What Federal Court Review Means
Federal Court judicial review of a RAD decision is not another appeal or a new refugee claim. The Federal Court reviews whether the RAD's decision was reasonable and whether the RAD followed a fair process. The Court generally defers to the RAD on factual matters and applies a reasonableness standard. Where the Court finds the decision unreasonable or procedurally unfair, it may set aside the RAD decision and return the matter to the RAD for reconsideration.
Staying Removal at Federal Court
Where removal is scheduled and Federal Court judicial review is being pursued, a motion for a stay of removal may be necessary. A stay motion asks the Court to suspend the removal order while the judicial review is pending. The stay motion requires meeting a specific legal test — it is not automatic. Consequently, both the judicial review application and a potential stay motion require urgent attention immediately after the RAD dismisses the appeal. Federal Court litigation should be handled by a lawyer authorized to practise before the Court.
Removal Risk While the RAD Appeal Is Pending
Does Filing a RAD Appeal Stop Removal?
In many cases, filing a valid RAD appeal suspends removal while the appeal is pending before the RAD. However, this suspension of removal is not guaranteed in every situation — it depends on the specific facts, the type of claim, whether any exceptions apply, and whether the person remains compliant with any applicable conditions. A claimant should never assume removal has automatically stopped just because a RAD appeal was filed without confirming the legal effect of that filing in their specific case.
What to Do About Removal Risk
Additionally, where CBSA contacts the claimant during a pending RAD appeal, the claimant should inform CBSA that the appeal is pending and provide proof of filing. However, relying on the appeal alone without understanding the removal risk is dangerous. A claimant should keep proof of the Notice of Appeal filing at all times and seek advice promptly if CBSA makes contact about removal steps while the appeal is pending.
Common RAD Appeal Mistakes
How Rattan Immigration Can Help
Our Approach to RAD Appeals
At Rattan Immigration, we assist clients in Brampton, Mississauga, the Greater Toronto Area, Ontario, and across Canada with RAD appeals, Notice of Appeal filing, RPD decision review, Appellant's Record preparation, new evidence assessment, credibility ground analysis, state protection and internal flight alternative arguments, and post-RAD options including PRRA, H&C, and removal-related strategy.
What We Review Before Advising
Before advising on next steps, we review the RPD decision, hearing record, BOC, immigration history, deadlines, new evidence, removal risk, family circumstances, and possible legal remedies. No responsible representative can guarantee a RAD appeal result. Nevertheless, a properly prepared and focused appeal gives the claimant the best opportunity to put specific errors before the RAD and obtain a review of those concerns.
Frequently Asked Questions
Questions Claimants Most Commonly Ask About RAD Appeals
The Refugee Appeal Division is a specialized appellate body within the Immigration and Refugee Board. It reviews RPD decisions for errors of law, errors of fact, and mixed errors. The RAD may confirm the RPD decision, set it aside and substitute its own decision, or refer the matter back to the RPD for a new hearing.
The Notice of Appeal must be filed with the RAD within 15 days of receiving the written RPD decision. This is a hard deadline — missing it generally ends the right to appeal at the RAD. Act immediately after receiving the RPD written decision.
No. Several exceptions exist, including claims found ineligible under the Safe Third Country Agreement, claims designated as manifestly unfounded, claims with no credible basis, and certain other statutory exclusions. Check appeal rights immediately after receiving the RPD decision.
No. The RAD reviews the RPD decision for errors — it does not hold a full new hearing where the claimant repeats the claim from the beginning. Most RAD appeals are decided on the written record. An oral RAD hearing is only held in limited circumstances.
Grounds include errors of law, errors of fact, and mixed errors of law and fact. The appeal must identify specific errors in the RPD decision — general disagreement with the result does not constitute a proper ground of appeal.
In some circumstances, yes. New evidence may be admitted where it arose after the RPD rejection, was not reasonably available before, or was not reasonably expected to be relevant before the rejection. New evidence must meet specific criteria and be submitted within applicable timelines.
Most RAD appeals are decided on the written record without an oral hearing. The RAD may hold a hearing in limited circumstances where the appeal raises a serious credibility issue central to the decision. Even then, it focuses on the specific issue — not a full re-run of the claim.
In many cases, a valid RAD appeal suspends removal while pending. However, this is not guaranteed in every situation. Confirm the specific legal effect in your case — never assume removal has automatically stopped just because a Notice of Appeal was filed.
The RPD refusal stands and removal risk increases. Options may include Federal Court judicial review within 15 days of the RAD decision, PRRA if eligible, H&C review, deferral of removal, or a Federal Court stay of removal where removal is imminent. Seek advice immediately — do not wait for CBSA to contact you.
The deadline for Federal Court judicial review of a RAD decision is generally 15 days from the date of the RAD decision. This deadline is strict — missing it removes the Federal Court option. Seek legal advice immediately after a RAD dismissal.
The Appellant's Record is the full set of appeal submissions, including written grounds of appeal, legal arguments, and any new evidence. It must be filed within 30 days of receiving the RPD record. The Appellant's Record is the core of the RAD appeal — a weak record seriously damages the appeal.
Yes. The RAD may refer the matter back to the RPD for a new hearing where it finds an error but determines the RPD is better positioned to redetermine the matter. A new RPD hearing gives the claimant another opportunity to present evidence and testimony before a different member.
Generally not through a RAD appeal. Where a claim was abandoned or withdrawn, different legal remedies may apply — such as a reopening application before the RPD or other available options depending on the specific facts and timing. Legal advice is important to identify the correct remedy.