Can New Evidence Be Submitted to the Refugee Appeal Division?
· Harjeet Arora, RCIC-IRB
The Refugee Appeal Division does not automatically accept every document that was missing from the RPD hearing. Proposed new evidence must satisfy the statutory requirements.
The basic new-evidence test
The RAD considers whether the evidence arose after the RPD rejection, was not reasonably available at the time, or could not reasonably have been expected to be presented in the circumstances.
Explain why the evidence is new
The appellant should address when the evidence came into existence, when it became available, why it was not before the RPD and why it matters to the errors raised on appeal.
New evidence and a RAD hearing
Acceptance of new evidence does not automatically produce an oral hearing. Additional statutory requirements apply before the RAD holds a hearing.
See Refugee Appeal Division representation.
Related guidance: RAD appeal vs Federal Court judicial review.
Practical preparation before submitting new evidence
Prepare a dated chronology showing when each document was created, received and translated. Explain the steps taken to obtain it before the RPD decision, and why it could not reasonably have been presented earlier. Identify the specific RPD finding the document addresses, rather than relying on its general relevance alone.
Under paragraph 110(4) of the Immigration and Refugee Protection Act, the statutory new-evidence criteria apply. The RAD also assesses admissibility in light of the governing jurisprudence. A request for an oral hearing is a separate question under subsection 110(6), not an automatic consequence of filing additional documents.
For urgent deadlines or an adverse RPD decision, review RAD representation and request a case consultation.
General information only. RAD filing requirements and deadlines must be followed.