Refugee Appeal Division (RAD)
What if your Claim is Refused?
In especially problematic situations, the Refugee Protection Division (RPD) may refuse your claim. If this happens, you may have the right to appeal at the Refugee Appeal Division (RAD). In other rare cases, the government may not agree with an IRB Member’s decision to approve your claim, and will appeal that positive decision to the RAD. These can be very difficult situations. Fisher Law can challenge adverse decisions and use the appeal process, and other legal remedies, to present the uniqueness of your particular circumstances during this process.
The process at the RAD is a formal written submission and not a hearing. This means that all the arguments supporting your appeal have to be carefully crafted into a very technical document. It is necessary to respond to either the reasons for the RPD refusing your claim or to the arguments of the government in their appeal of the RPD’s positive decision.
If you are not well-versed in Canadian immigration law and have not written appeal submissions before, it will be imperative you have representation for this process. Fisher Law can ensure that written submissions made to the RAD address the technical and legal requirements of an appeal. You will be represented with a high level of professionalism and competence.
Helpful Links:
General Information
https://irb-cisr.gc.ca/en/refugee-appeals/Pages/RefAppGuide.aspx
RAD Appeal Form
https://irb-cisr.gc.ca/en/forms/Documents/RadSar00_e.pdf
Who Cannot Appeal to the RAD?