A Second Chance After an RPD Refusal

If the Refugee Protection Division (RPD) rejected your claim for refugee protection, the Refugee Appeal Division (RAD) may give you a second chance. The RAD reviews the RPD's decision for errors of fact, law, or mixed fact and law, and can confirm the refusal, substitute its own decision granting protection, or send the matter back to the RPD. But the appeal must be pursued quickly and correctly.

The deadlines are extremely tight. You generally must file your Notice of Appeal within 15 days of receiving the RPD's written reasons, and perfect the appeal — filing your full appellant's record — within 30 days. These periods move fast, and a missed deadline can end your appeal. Contact us the moment you receive a refusal.

How the RAD Appeal Works

The RAD appeal is generally a paper-based proceeding decided on the written record — the RPD's record, your written submissions, and any admissible new evidence. The RAD does not usually hold an oral hearing, although it may do so in limited circumstances where new evidence raises a serious issue about your credibility. A persuasive written record and argument are therefore everything.

The Strict Limits on New Evidence

You cannot simply submit any evidence you wish. Under section 110(4) of the Immigration and Refugee Protection Act, the RAD may only consider new evidence that arose after the RPD's rejection, that was not reasonably available before, or that you could not reasonably have been expected to present at the RPD hearing. We carefully assess what new evidence is admissible and how to present it.

The RAD applies its own independent assessment of the record. A well-drafted appeal does more than disagree with the RPD — it identifies the specific errors in the RPD's reasoning and explains, with reference to the evidence and the law, why the result should be different.

Who Cannot Appeal to the RAD

Not every refused claimant has a right of appeal to the RAD. Certain claims are excluded — for example, claims found to have no credible basis or to be manifestly unfounded, certain claims by nationals of designated countries, and some claims affected by safe-third-country and other provisions. If the RAD route is closed to you, judicial review in the Federal Court may still be available. We determine which avenue applies to your case.

If the RAD Refuses Your Appeal

A negative RAD decision can itself be challenged by judicial review in the Federal Court, again on short deadlines. We advise on the strongest path forward at every stage — and, where removal becomes a risk, on seeking a stay.

Frequently Asked Questions

How long do I have to appeal an RPD refusal to the RAD?
Generally you must file the Notice of Appeal within 15 days of receiving the RPD's written reasons and perfect the appeal by filing your full record within 30 days. These deadlines are short and strictly enforced, so you should contact us immediately after a refusal.
Will there be a hearing, or is it decided on paper?
The RAD appeal is usually decided on the written record without an oral hearing. The RAD may hold a hearing only in limited circumstances — for example, where admissible new evidence raises a serious issue about your credibility. A strong written record and submissions are therefore critical.
Can I submit new evidence to the RAD?
Only within strict limits. Under section 110(4) of the Immigration and Refugee Protection Act, new evidence is generally admissible only if it arose after the RPD's decision, was not reasonably available before, or could not reasonably have been presented at the hearing. We assess what new evidence qualifies and how best to present it.
What if I'm told I can't appeal to the RAD?
Some claimants — for example, those whose claims were found to have no credible basis or to be manifestly unfounded, and certain others — do not have a right of appeal to the RAD. In those cases, judicial review in the Federal Court may still be available. We determine which avenue applies and act quickly.
What happens if the RAD refuses my appeal?
A negative RAD decision can be challenged by judicial review in the Federal Court, on short deadlines, and we can also seek a stay of removal if you face removal in the meantime. We advise on the strongest next step at each stage.