REFUGEE APPEAL DIVISION

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REFUGEE APPEAL DIVISION

The Refugee Appeal Division (RAD) is the division of the IRB that hears appeals of refugee matters. In addition, the RAD gives most claimants a chance to prove that the RPD decision or law was wrong and gives a chance to submit new evidence that was not available at the time of the RPD process. In most cases, the RAD make decisions without a hearing, based on the documents provided by the parties involved and the RPD records.

In order to maintain an efficient appeal process, the RAD arrange informational sessions that help refugee appellants better understand refugee claim process. The sessions are offered in three main regional offices: in Toronto, Montreal and Vancouver.

A) REFUGEE CLAIM APPEALS

When a refugee claim is rejected by the RPD, a person may appeal to the RAD asking to review the decision. The RAD will decide whether to confirm or change the RPD’s decision. In most cases, the appeal is paper-based and decisions are made within 90 days.

Not everyone is eligible to appeal to theRAD. Claimants cannot appeal to the RAD if:

They are from a designated country of origin
Are subject to an exception to the Safe Third Country Agreement
The IRB decided that their claim is manifestly unfounded
The IRB decided that their claim has no credible basis
Their claims were referred to the IRB before the new asylum system comes into force and re-hearings of those claims as a result of review by the Federal Court
Their refugee claim was withdrawn or declared abandonees
Individuals who arrive as part of a designated irregular arrival
They have cases in which the RPD at the IRB has allowed the Minister’s application to vacate or cease their refugee protection
They have the deemed rejection of a claim because of an order of surrender under the Extradition Act
They have a decision on a pre-removal risk assessment (PRRA)

Note: All failed claimants can still ask the Federal Court to review a negative decision.

IMPORTANT: New refugee protection revisions came into effect on July 23, 2015. The Federal Court rendered a decision impacting the right to appeal to the RAD of the IRB for rejected refugee claimants from designated countries of origin (DCO). The IRB, through its RPD, is informing failed refugee claimants from DCOs, whose decisions were issued on and after July 23, 2015, and who are not otherwise barred from appealing to the RAD, that they may file an appeal to the RAD. Moreover, failed refugee claimants from DCOs who received RPD decisions prior to the Federal Court decision, but who were still within the timeline to file an appeal at the time of the Federal Court decision, will also receive notice that they may have a right to appeal.

Appealing to the RAD

There are two main steps in appealing to the RAD: filling the appeal and perfecting the appeal. Once appellant receives the written reasons for the decision from the Refugee Protection Division, she/he has 15 days to file a Notice of Appeal. From the day when written reasons were received, the appellant must perfect his/her appeal by providing the records to the RAD (within 30 days). The RAD will make a decision on the appeal within 90 days.

B) PRE-REMOVAL RISK ASSESSMENT

Canada does not want to send foreign nationals back to a country where they will be in danger or would face the risk of persecution, torture, cruel treatment or punishment. In addition, Canada is committed to ensure that people being removed from Canada are not sent to a country where their lives would be in danger. If a person is facing removal from Canada, he/she may be eligible to apply under the process called a Pre-Removal Risk Assessment (PRRA). PRRA is generally a paper-based review, evaluating the risks that individual would face, if she or he were returned to the country of origin.

Not everyone is eligible to apply for a PRRA. A person cannot apply for a PRRA in the following cases:

Made a refugee claim or previously applied for a PRRA and the application was rejected, abandoned or withdrawn. In this case, a person may not apply for a PRRA unless at least 12 months have passed
Came from a designated country. In this case, a person cannot apply for a PRRA until at least 36 months have passed since the refugee claim or PRRA application was rejected, abandoned or withdrawn

Also, a person may not apply for a PRRA if he or she:

Was found to be a Convention refugee in another country, to which he/she may return
Made a refugee claim that was determined to be ineligible for referral to the IRB
Already has refugee protection in Canada
Is subject to extradition

Certain nationals are exempt from one year bar and may not have to wait 12 months to apply for a PRRA. If a person comes from one of the exempted countries, and has received a final decision from the IRB or a final PRRA decision on or between the dates indicated below, may apply for PRRA.

Application process

If a person is eligible to apply for a PRRA, she or he will have 15 days to fill out the application form (7 additional days are given if the application form and a guide are received by mail). During this time the removal order will be suspended. Applicant will have a chance to support his/her application by submitting written evidence and explaining the risks that applicant will face if he or she leaves Canada.

Reviewing the case, the officer considers the following:

Risk of persecution as defined in the Geneva Convention
Danger of torture, and
Risk to life or the risk that may be subjected to cruel and unusual treatment or punishment

After reviewing the application for a PRRA, the officer may accept or reject it:

If application is accepted, a person will become “protected person”, and may apply for a permanent residency.
If application is rejected, a person must leave Canada. However, rejected applicants may apply to the Federal Court of Canada for a review of the PRRA officer’s decision.

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