RAD Appeal vs Federal Court Judicial Review
· Harjeet Arora, RCIC-IRB
A Refugee Appeal Division appeal and Federal Court judicial review are different proceedings. Which one is available depends on the decision and the person’s eligibility.
RAD appeal
The RAD is part of the IRB. It reviews eligible RPD refugee decisions and can confirm the decision, substitute its own determination or return the matter to the RPD with directions.
Federal Court judicial review
Judicial review asks the Federal Court to review the legality or reasonableness of an administrative decision. The Court does not simply conduct a new refugee hearing.
Evidence differs
RAD has specific statutory rules for proposed new evidence. Federal Court proceedings operate under a different record and legal framework.
See Refugee Appeal Division and Federal Court Judicial Review. Federal Court representation is handled by FDI’s authorized in-house lawyer.
Related guidance: New evidence at the Refugee Appeal Division.
Choosing the appropriate review route
Before deciding how to challenge a refusal, identify the exact decision-maker, the written reasons and whether the person has a statutory right of appeal to the RAD. Different filing periods and procedural rules apply. A missed deadline may affect available remedies.
For help reviewing the decision and next steps, request a consultation.
General information only.