Refugee Claim Refused in Canada: What Are Your Options?
· Harjeet Arora, RCIC-IRB
A negative Refugee Protection Division decision does not produce the same next step in every case. The written reasons, RAD eligibility, deadlines and removal status should be reviewed immediately.
Refugee Appeal Division
Eligible claimants may appeal to the RAD. The appeal challenges errors in the RPD decision and is generally decided on the record and written submissions, subject to the rules governing new evidence and hearings.
Federal Court
Where a RAD appeal is unavailable or after a negative RAD decision, Federal Court judicial review may need to be considered. Court proceedings are handled through FDI by its authorized in-house lawyer.
PRRA
A PRRA can become relevant later for eligible persons, subject to statutory eligibility and waiting-period rules.
Other immigration options
H&C or other immigration pathways may be relevant in some cases, but they should not be confused with an appeal or assumed to stop removal.
See Options After a Refused Refugee Claim, RAD and Judicial Review.
Related guidance: RAD appeal vs Federal Court judicial review.
Documents to review immediately
Gather the RPD notice of decision, written reasons, hearing record where available, any removal documents and the date the decision was received. Whether a RAD appeal is available and whether enforcement can proceed are separate questions requiring a case-specific assessment.
Request a consultation promptly if a filing or removal deadline is approaching.
General information only. Deadlines can be strict.