The Immigration, Refugees, and Citizenship Canada (IRCC) Minister may decide to intervene in your refugee claim or appeal. They can then present evidence and arguments as to why your claim or appeal should be rejected.
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The Refugee Appeal Division:
Allows most claimants to argue that the Refugee Protection Division judgment was incorrect in fact, law, or both, and allows additional evidence to be added that was not reasonably available during the Refugee Protection Division procedure.
The appeal is conducted on paper, with oral hearings held only under extraordinary circumstances.
Appointees to the Governor in Council (GIC) will handle the appeals procedure.
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Can I file an appeal?
- If your refugee application is denied, you may be entitled to file an appeal with the Refugee Appeal Division (RAD). However, you are not permitted to file an appeal.
- If you are a designated foreign national (DFN), you may enter the United States.
- If your claim was withdrawn or abandoned, please let us know.
- If you landed in Canada directly from the United States and filed your refugee claim at a border crossing,
- If your decision states that your allegation lacks credibility or is plainly false
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What if I am unable to appeal a denied refugee claim?
If you are unable to appeal, you may seek judicial review at the Federal Court. This is not the same as an appeal. Consult with a lawyer about your alternatives. You will have only 15 days to file a judicial review.
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Should I seek legal counsel?
Appeals are intricate, and preparing on your own will be tough, so you should seek legal counsel as soon as possible. In Québec, you can seek assistance from a lawyer, paralegal, or notary, as well as an immigration consultant registered with the Immigration Consultants of Canada Regulatory Council (ICCRC), but only lawyers are permitted to participate in Federal Court. These are the only people who can legally represent you for a fee. Others can represent you, such as friends, family members, or community groups, but only if they do not charge you a fee. see also: Immigrate as a Refugee
