Appeals to the Refugee Appeal Division

What the RAD does

The Refugee Appeal Division is a separate division of the Immigration and Refugee Board. It reviews whether the Refugee Protection Division got the decision right. It is not limited to looking for obvious mistakes: the RAD makes its own assessment of the evidence. It still gives weight to the RPD’s findings on credibility where the RPD had the advantage of hearing you in person.

Most appeals are decided on the written record, without a new hearing. That makes the written memorandum the most important document in the appeal.

Who can appeal

Most refused claimants can appeal. Section 110(2) of IRPA removes the right of appeal in certain cases, including where:

• the RPD found the claim manifestly unfounded or found no credible basis for it;
• the claim came in under an exception to the Safe Third Country Agreement;
• the claim was withdrawn or declared abandoned;
• the decision concerns the cessation or vacation of refugee protection; or
• the person is subject to a surrender order under the Extradition Act.

If there is no RAD appeal, the remaining option is an application for leave and judicial review at the Federal Court, which also has a 15-day deadline.

Deadlines

1. File the notice of appeal: 15 daysCounted from the day you receive the RPD’s written reasons, not from the hearing date.
2. Perfect the appeal: 30 daysThe appellant’s record, including the memorandum and any new evidence, is due within 30 days of receiving the written reasons.
3. Extensions are limitedThe RAD can extend time only in limited circumstances and for reasons that must be explained and supported. Plan to meet the deadlines.

New evidence and oral hearings

You can file new evidence only if it arose after the RPD rejected your claim, or it was not reasonably available, or you could not reasonably have been expected to present it at the time (IRPA section 110(4)). The RAD will also ask whether the evidence is credible, relevant and new. Each piece needs a written explanation of why it qualifies.

The RAD may hold an oral hearing where new evidence raises a serious credibility issue that is central to the decision and that, if accepted, would justify allowing or rejecting the claim (section 110(6)). We ask for a hearing where the law allows it.

What the RAD can decide

• Confirm the RPD’s decision, so the claim stays refused.
• Set it aside and substitute its own decision, granting refugee protection.
• Refer the claim back to the RPD for a new hearing, usually before a different member.

The Minister can also appeal an RPD decision that accepted a claim, and can intervene in your appeal. If that happens, you need representation as much as in any other appeal.

How we build an appeal

• We review the RPD reasons and the hearing audio, and identify each error of fact, law or fairness.
• We test every possible piece of new evidence against the section 110(4) criteria before filing it.
• We write a focused memorandum that ties each argument to the record.
• We ask for an oral hearing where the law allows it.
• If the RAD refuses, we coordinate quickly with litigation counsel on Federal Court review and any stay of removal.

Last reviewed November 2026. This page is general information, not legal advice. Immigration law and IRB procedure change often; we confirm the current rules for your file at your consultation.