Refugee Appeals  

Understanding Refugee Appeals in Canada  

If your refugee claim was rejected by the Refugee Protection Division (RPD), you may have the right to appeal to the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB). The RAD reviews RPD decisions to ensure they were fair and correct in law.  

Key Facts About RAD Appeals:  

✔ Deadline: You must file your appeal within 15 days of receiving the RPD rejection.  
✔ No New Hearing: The RAD usually decides based on documents (no in-person hearing).  
✔ Possible Outcomes:  
– Allow the appeal (grant refugee status)  
– Refer the case back to the RPD for reconsideration  
– Dismiss the appeal (uphold the refusal)  

—

Do You Qualify for a RAD Appeal?  

You can appeal to the RAD if:  

✅ Your claim was rejected by the RPD  
✅ You are not excluded due to serious criminality or security concerns  

You cannot appeal if:  

❌ Your claim was deemed ineligible (e.g., via Safe Third Country Agreement)  
❌ You were found to have “no credible basis” for your claim  

Note: If ineligible for RAD, you may still seek judicial review at the Federal Court.  

—

How We Can Help With Your RAD Appeal  

Winning a RAD appeal requires strong legal arguments and new evidence. My services include:  

1. Case Assessment & Appeal Strategy  

– Reviewing your RPD refusal letter for legal errors  
– Identifying new evidence that could change the outcome  

2. Preparing the Appeal Package  

– Drafting persuasive legal arguments  
– Gathering country condition reports, affidavits, expert opinions  
– Addressing credibility concerns raised by the RPD  

3. Oral Hearing Requests (If Needed)  

– Requesting a hearing if your case involves credibility issues  
– Preparing you to testify effectively  

4. Post-Appeal Support  

– Assisting with next steps if the appeal is denied (e.g., Federal Court)  
– Helping with PR applications if the appeal succeeds  

—

Hypothetical Case Examples  

Case 1: Overturning a Credibility Finding  

RPD Rejection Reason: “Inconsistent dates in testimony”  

Our Action:  

– Submitted dated photos and witness statements confirming timeline  
– Argued minor inconsistencies were due to trauma  

Outcome: Appeal allowed – refugee status granted  

Case 2: New Evidence of Country Conditions  

RPD Rejection Reason: “Not enough proof of risk”  

Our Action:  

– Obtained new human rights reports about targeted violence  
– Provided medical evidence of past torture  

Outcome: Case referred back to RPD for reconsideration  

—

Pricing Structure  

RAD appeals require detailed legal work. Fees reflect case complexity:  

Service	Fee Range
Initial Consultation	$200–$400
Basic RAD Appeal (document-based)	$3,000–$4,500
Complex Appeal (oral hearing requested)	$4,500–$7,000
Federal Court Application (if RAD appeal fails)	$5,000–$8,000

Additional costs may apply for translation of documents, expert reports, or urgent filings.  

—

 Frequently Asked Questions (FAQ)  

1. What’s the difference between RAD and RPD?

– RPD: First-level decision on refugee claims  
– RAD: Reviews RPD decisions for errors  

2. Can I submit new evidence at RAD?

Yes, but you must explain why it wasn’t submitted earlier. RAD may accept:  
✔ New country condition reports  
✔ Medical evidence  
✔ Witness statements  

3. How long does a RAD appeal take?

Typically, 4-12 months. Urgent cases can request faster processing.  

4. What are my chances of success?

About 15-25% of appeals succeed. Strong new evidence improves odds significantly.  

5. What if my RAD appeal is denied?

You may apply for judicial review at Federal Court within 15-30 days.  

Note: Case results vary; this FAQ provides general information only.

—

Official Resources  

– IRB RAD Overview  
– RAD Appeal Guide  
– Federal Court Judicial Review  

—

Need Help With Your Refugee Appeal?  

Time is critical – the 15-day deadline is strict! Contact us immediately:  
📞 Phone: (514) 607-5999
✉ Email: Through the Contact form here