ND PARALEGAL SERVICES

Refugee Appeal Division (RAD) Toronto | Appeal RPD Decisions

UNDERSTANDING THE REFUGEE APPEAL DIVISION

Dedicated Legal Representation for Refugee Appeals (RAD) in Toronto

Appealing a Negative Refugee Decision at the RAD

If your asylum claim was refused by the Refugee Protection Division (RPD), you have the right to file a refugee appeal. The Refugee Appeal Division (RAD) of the Immigration and Refugee Board of Canada (IRB) reviews RPD decisions to correct legal and factual errors. Because strict limitation periods apply, swift legal action is critical to protect your status and safety in Canada.

Unlike initial hearings, the RAD process is primarily a paper-based review. Specifically, the RAD member evaluates the RPD hearing transcript, original evidence, and written legal submissions from both parties. The RAD can confirm the refusal, substitute its own positive decision, or order a new hearing before a different RPD member.

Strict Timelines for Filing Your Refugee Appeal & Legal Grounds

Preparing Legal Arguments & Submitting New Evidence

To successfully appeal immigration decision rulings, you must establish clear legal, factual, or procedural errors:

Error of Law

The RPD member applied the incorrect legal test, misinterpreted statutory provisions of the Immigration and Refugee Protection Act (IRPA), or misapplied binding judicial precedents.

Error of Fact

The decision-maker made a finding that the evidentiary record does not support, ignored material facts, or fundamentally mischaracterized oral testimony.

Mixed Error of Law & Fact

The member misapplied legal principles when evaluating the specific facts of your case, resulting in an unjust conclusion.

Flawed Credibility Assessment

The tribunal based adverse credibility findings on speculation, culturally insensitive assumptions, or minor inconsistencies rather than substantial evidence.

Country Condition Evidence Ignored

The RPD overlooked objective National Documentation Packages (NDPs) or human rights reports proving that your fear of persecution remains well-founded.

New Evidence

New evidence has emerged that was not reasonably available during your initial refugee claim hearing. We ensure fresh evidence satisfies strict statutory admissibility tests under subsection 110(4) of the IRPA.

Frequently Asked Questions

Post-Appeal Options: Judicial Review & PRRA

You must file your Notice of Appeal within 15 calendar days of receiving the RPD written reasons, and perfect your Appellant’s Record within 45 days. If you miss this deadline, you risk losing your right to appeal entirely. However, we can file a formal application for an extension of time demonstrating valid reasons for the delay.

Most RAD appeals proceed entirely in writing. However, the RAD may grant an oral hearing if new evidence raises serious questions regarding your credibility or goes to the core of your claim.

Yes, but the evidence must meet strict criteria. Specifically, it must have arisen after the RPD hearing or been reasonably unavailable at the time. Our team assists with legal document drafting to prove admissibility.

Timelines vary based on IRB caseload backlogs and case complexity. Decisions typically take several months. Most importantly, filing an eligible appeal automatically stays your removal, protecting you from deportation while the appeal remains pending.

Yes, timely filing of your Notice of Appeal provides an automatic statutory stay of removal. Consequently, the Canada Border Services Agency (CBSA) cannot remove you from Canada while the RAD deliberates.

A RAD appeal is a substantive tribunal review of your initial claim. If the RAD rejects your immigration appeal, the next step is applying for leave and judicial review before the Federal Court of Canada.