Refugee Appeal Division (RAD) Rules Summary
Which decisions can be appealed?
RPD decisions that allow or reject a claim for refugee protection
can be appealed to the RAD.
Who cannot appeal?
You cannot appeal the RPD decision to reject your refugee protection claim if:
● you are a designated foreign national;
● your refugee protection claim was withdrawn or abandoned;
● the RPD decision says that your claim has no credible basis or is manifestly
unfounded;
● you made your claim at a land border with the United States and the claim was
referred to the RPD as an exception to the Safe Third Country Agreement;
● the Minister made an application to cease (end) your refugee protection, and the
RPD decision allowed or rejected that application;
● the Minister made an application to vacate (cancel) the decision to allow your
refugee protection claim, and the RPD decision allowed or rejected that
application;
Appeal to Refugee Appeal Division (RAD)
Time limit for appeal
● 159.91 (1) Subject to subsection (2), for the purpose of subsection 110(2.1) of
the Act,
o (a) the time limit for a person or the Minister to file an appeal to the
Refugee Appeal Division against a decision of the Refugee Protection
Division is 15 days after the day on which the person or the Minister
receives written reasons for the decision; and
o (b) the time limit for a person or the Minister to perfect such an appeal
is 30 days after the day on which the person or the Minister receives
written reasons for the decision.
Extension
(2) If the appeal cannot be filed within the time limit set out in paragraph 1)(a) or
perfected within the time limit set out in paragraph (1)(b), the Refugee Appeal
Division may, for reasons of fairness and natural justice, extend each of those
time limits by the number of days that is necessary in the circumstances.
Time limit for decision
● 159.92 (1) Subject to subsection (2), for the purpose of subsection 110(3.1) of
the Act, except when a hearing is held under subsection 110(6) of the Act, the
time limit for the Refugee Appeal Division to make a decision on an appeal is 90
days after the day on which the appeal is perfected.
Exception
(2) If it is not possible for the Refugee Appeal Division to make a decision on an
appeal within the time limit set out in subsection (1), the decision must be made
as soon as feasible after that time limit.
Filing and Perfecting an Appeal
● Notice of appeal - three copies of a written notice of appeal to RAD ----- 15 days
after the day on which the person or the Minister receives written reasons for the
decision
● Perfecting Record/appeal (Appellent’s record) - two copies of the appellant’s
record --- 45 days (15 days of notice of appeal included+30 days) after the day
on which the person or the Minister receives written reasons for the decision.
IRPR 159.91 (1).
Note: The calculation of "days" should be by calendar days unless specified otherwise.
Time limit for RAD decision – IRPR 159.92 (1)
● The time limit for the RAD to make a decision on an appeal is 90 days after the
day on which the appeal is perfected. Except when a hearing is held.
● Decision without further notice - if a period of 15 days has passed since the
day on which the Minister received the appellant’s/respondent’s record, or the
time limit for providing has expired.
● Unless a hearing is ordered, the RAD will wait 15 days before making a decision
on your appeal.
● The Minister may decide to intervene and submit documentary evidence at any
time before the RAD makes a final decision on the appeal.
● If the Minister decides to intervene and to provide submissions or evidence to
you, the RAD will wait 15 days for you to reply to the Minister and the RAD.
● Once you have replied to the Minister and the RAD, or if 15 days have passed
and you have not replied, the RAD will make a decision on your appeal.
Important notes:
The RAD generally makes its decision without a hearing, on the basis of the
submissions and the evidence provided by the parties (you and the Minister, if the
Minister intervenes). In certain circumstances, the RAD may allow you to present new
evidence that the RPD did not have when it made its decision. If the RAD accepts your
new evidence, it will consider the evidence in its review of your appeal. It may also order
an oral hearing to consider this new evidence. If so, you and the Minister will receive a
notice to appear for a hearing.
The Minister can provide documents at any time before the RAD makes a decision on
your appeal.
RAD decision:
Three outcomes can result from your appeal to the RAD:
1. Appeal is allowed: RPD decision is set aside
2. Appeal is rejected: RPD decision is confirmed
3. Refer (send) the case back to the RPD and order a new hearing, giving the RPD
the directions that it considers appropriate.
Note: If you receive a positive decision, and the Minister does not seek leave within 15
days, you will get “protected person” status. This means you can stay in Canada, and
you may be eligible to apply for permanent residence.