If the Refugee Protection Division (RPD) has rejected your refugee claim, that decision can feel final. For many claimants it is not. The Refugee Appeal Division (RAD) exists to review certain RPD decisions and, in some cases, to correct them. Understanding whether you can appeal, how much time you have, and what the RAD will and will not look at can make the difference between a second chance and a missed one.

This guide explains, in plain language, who can appeal to the RAD, how the appeal generally works, the tight deadlines involved, the limited role of new evidence, and what can happen next. It is general information for people navigating Canada’s refugee system, not advice about any particular claim.

Treat the clock as already running from the moment you receive a refusal. RAD deadlines are short and come in two stages — filing and then perfecting the appeal — and missing either can end an appeal before it is heard.

Key takeaways

  • The RAD is an appeal of a refused RPD claim, decided by a different member of the Immigration and Refugee Board (IRB).
  • Not everyone can appeal — some claimants are excluded from the RAD and must go directly to the Federal Court instead.
  • RAD deadlines are short, and there are two separate steps: filing the appeal and then perfecting it.
  • The RAD is generally a paper-based appeal on the RPD record; new evidence is allowed only in limited circumstances.
  • The RAD can confirm the refusal, substitute its own decision, or send the claim back to the RPD.
  • If the RAD refuses, the next step is usually judicial review at the Federal Court.

What the Refugee Appeal Division is

The RAD is a division of the IRB. When the RPD refuses a refugee claim, an eligible claimant can ask the RAD to review that refusal. A RAD member who was not involved in the original hearing looks at the case again. Importantly, the RAD is not simply a rubber stamp of the RPD, but it is also not usually a brand-new hearing. In most cases the RAD reviews the written record from the RPD and the arguments the parties submit.

The RAD generally assesses whether the RPD made an error — for example, in how it weighed the evidence, assessed credibility, or applied the law. A focused appeal that points to specific errors is usually more effective than a general disagreement with the outcome.

Who can and cannot appeal to the RAD

An important first question is whether you are even eligible to appeal to the RAD. Access to the RAD is restricted, and several categories of claimants are excluded. People who cannot appeal to the RAD are not left without a remedy — they can usually seek judicial review at the Federal Court instead — but the path is different.

Claimants who may be excluded from appealing to the RAD can include, among others:

  • Claimants whose claims were found to have no credible basis or to be manifestly unfounded by the RPD.
  • Claimants affected by the Safe Third Country Agreement in certain situations.
  • Certain claimants whose claims were not referred to the RPD in the first place.

Because the categories of who can and cannot appeal are technical and can change, it is important to confirm your own eligibility rather than assume the RAD is open to you. Getting advice quickly is wise given how short the deadlines are.

The deadlines: filing and perfecting

RAD appeals move quickly, and the process has two separate stages, each with its own time limit. First, you must file a notice of appeal within the set time after receiving the RPD’s written reasons. Then you must perfect the appeal by filing your appellant’s record — the documents and written arguments the RAD will rely on — within a further set period.

Missing either deadline can end an appeal before it is heard, although the RAD can, in limited circumstances, consider a request for more time. Because the specific number of days can change and depends on your situation, this guide does not state exact day counts. Confirm the current deadlines on the IRB’s website or with counsel as soon as you receive a refusal, and treat the clock as already running.

Stage What it involves Why it matters
File the appeal Submit a notice of appeal to the RAD after the RPD refusal Starts the appeal; a missed deadline can end it
Perfect the appeal File the appellant’s record with evidence and written argument This is where the case for appeal is actually made
RAD decision A RAD member reviews the record and any new evidence allowed Determines whether the refusal stands or is corrected

New evidence and the limits on the RAD

One of the most misunderstood features of a RAD appeal is that it is generally not a chance to start over with fresh evidence. The RAD normally decides on the basis of the record that was before the RPD. New evidence is allowed only in limited circumstances — for example, evidence that arose after the RPD rejected the claim, that was not reasonably available at the time, or that the claimant could not reasonably have been expected to present earlier.

If new evidence is accepted, the claimant may in some cases ask the RAD to hold an oral hearing, but this is the exception rather than the rule. Most RAD appeals remain paper-based. This is why the quality of the written appellant’s record — clearly identifying the RPD’s errors and supporting them with the existing record — tends to matter so much.

A RAD appeal is generally not a chance to start over with fresh evidence. Most RAD appeals remain paper-based, which is why the quality of the written appellant’s record — clearly identifying the RPD’s errors and supporting them with the existing record — tends to matter so much.

Possible outcomes

After reviewing the appeal, the RAD can generally do one of the following:

  • Confirm the RPD decision: the refusal stands.
  • Substitute its own decision: the RAD sets aside the RPD’s decision and makes the determination it considers should have been made — which may mean allowing the claim.
  • Refer the matter back to the RPD: the RAD returns the claim for a new hearing, usually with directions.

Which outcome is realistic depends heavily on the specific errors identified and the evidence in the record. No outcome is guaranteed, and each case turns on its own facts.

What happens after the RAD

If the RAD confirms the refusal, that is not necessarily the end of the road. The next step is usually to seek leave for judicial review at the Federal Court. Judicial review is not another appeal on the merits; the Court reviews whether the decision was reasonable and made fairly, rather than substituting its own view. The deadlines are also short, so acting promptly matters.

The 2026 backlog context

Refugee and immigration matters are under significant strain in 2026. Immigration files have grown into the large majority of the Federal Court’s caseload, with filings rising from roughly 6,400 in 2020 to more than 28,000 in 2025, and thousands more filed in the first quarter of 2026. Reports indicate that some hearings are being scheduled well over a year after leave is granted. The IRB itself continues to manage heavy volumes.

For a claimant, the practical lesson is that delay is common at every stage, which makes meeting your own deadlines all the more important — the parts of the timeline you can control are worth protecting. Because policy and procedure are changing quickly, confirm current rules and timelines on the IRB and canada.ca before relying on any general description.

Frequently asked questions

Is the RAD a new hearing where I can tell my story again?

Usually not. The RAD is generally a paper-based appeal decided on the record that was before the RPD. New evidence and an oral hearing are allowed only in limited circumstances. In many cases, the appeal succeeds or fails on the written arguments and the existing record.

What if I cannot appeal to the RAD?

Some claimants are excluded from the RAD. If that applies to you, you can generally still seek judicial review at the Federal Court. The Court reviews how the decision was made rather than re-deciding the claim, and it has its own short deadlines. Confirming which path is open to you early is important.

How long do I have to appeal?

RAD deadlines are short and come in two stages — filing and then perfecting the appeal — each with its own time limit. Exact day counts can change and depend on your circumstances, so confirm the current deadlines with the IRB or counsel right away. Treat the deadline as running from the moment you receive the refusal.

Can the RAD grant my refugee claim outright?

In some cases, yes. The RAD can substitute its own decision for the RPD’s, which may mean allowing the claim. In other cases it confirms the refusal or sends the matter back to the RPD for a new hearing. The outcome depends on the errors identified and the record.

Do I need a lawyer for a RAD appeal?

You are not required to have one, but RAD appeals are technical, deadline-driven, and turn on identifying specific legal or factual errors. Many claimants find it difficult to do this on their own, especially in a second language and under time pressure. Getting advice early can help you understand your options.

If your refugee claim has been refused and you are weighing an appeal to the RAD or a Federal Court challenge, the deadlines are short and the process is technical. Azimi Law helps people in Toronto and across Ontario understand their options after a refusal. If you would like guidance tailored to your circumstances, you are welcome to contact us to discuss your situation — there is no obligation and no guarantee of any particular outcome.