ND PARALEGAL SERVICES

Refugee Appeal

UNDERSTANDING THE REFUGEE APPEAL DIVISION

What Is the Refugee Appeal Division (RAD)?

The Refugee Appeal Division (RAD) is a division of the Immigration and Refugee Board of Canada (IRB). It reviews decisions made by the Refugee Protection Division (RPD) when a refugee claimant — or the Minister — appeals a negative or positive outcome.

Unlike the RPD hearing, the RAD typically conducts a paper-based review— meaning the RAD member reviews the RPD’s decision, the hearing transcript, and the written submissions from both sides, usually without a new oral hearing. The RAD can confirm the RPD’s decision, substitute its own decision, or send the case back to the RPD for a new hearing.

Grounds for a Refugee Appeal

Error of Law

The RPD applied the wrong legal test, misinterpreted a provision of the Immigration and Refugee Protection Act, or failed to consider a relevant legal principle in its analysis.

Error of Fact

The RPD made a factual finding that is not supported by the evidence on the record, mischaracterized testimony, or ignored relevant evidence without adequate explanation.

Mixed Error of Law & Fact

The RPD’s legal analysis was incorrectly applied to the specific facts of the case — a common ground that combines an error in the legal framework with how the facts were assessed.

Flawed Credibility Assessment

The RPD’s negative credibility findings were unreasonable, based on minor inconsistencies, culturally insensitive analysis, or drew adverse inferences that were not supported by the evidence.

Country Condition Evidence Ignored

The RPD failed to adequately consider objective country condition documentation showing that the claimant’s fear of persecution was well-founded based on conditions in their home country.

New Evidence

New evidence has emerged that was not reasonably available at the time of the RPD hearing and that could reasonably have affected the RPD’s decision if it had been available. Admissibility is assessed by the RAD.

Frequently Asked Questions

Missing the 15-day deadline to file your Notice of Appeal can result in losing your right to appeal to the RAD entirely. In exceptional circumstances, you may be able to apply for an extension, but this is not guaranteed and requires demonstrating a valid reason for the delay. Do not wait — contact us the moment you receive your RPD decision.

The vast majority of RAD appeals are decided on the papers — without an oral hearing. The RAD may hold an oral hearing only in limited circumstances, such as where there is credible new evidence that raises a serious issue with respect to the claimant’s credibility that is central to the decision. If an oral hearing is ordered, we will represent you fully.

Yes, but with strict limitations. New evidence is only admissible before the RAD if it arose after the RPD hearing, or if it existed before the hearing but was not reasonably available to you at the time, and if it is credible and material — meaning it could reasonably have affected the RPD’s decision. We assess every piece of potential new evidence against this test before including it in your appeal.

RAD appeal timelines vary depending on current IRB backlog and the complexity of the case. In recent years, decisions have typically taken several months to over a year from the filing of the Notice of Appeal. Your removal from Canada is generally stayed (paused) while your RAD appeal is pending, provided it was properly filed within the deadline.

Generally yes. Filing a timely Notice of Appeal with the RAD creates an automatic stay of any removal order, meaning CBSA cannot remove you from Canada while the appeal is pending. However, this protection is not absolute — certain claimants (such as those with security concerns or those excluded from RAD access) may not benefit from the automatic stay. We will advise you on your specific situation.

A RAD appeal is an administrative review within the IRB — the RAD can make its own decision on the merits of your refugee claim. A judicial review is a court proceeding before the Federal Court that reviews whether the RAD’s decision was legally correct and reasonable. Judicial review requires leave (permission from the court) and generally focuses on legal errors rather than reconsidering the facts of your case.