How to File a Refugee Appeal in Canada After a Refused Claim

Appealing a refused refugee claim

Some claimants whose refugee claims are refused by the Refugee Protection Division may have a right of appeal to the Refugee Appeal Division. Eligibility depends on the statutory rules and the circumstances of the claim.

Strict deadlines apply

Refugee appeals are time-sensitive. A claimant should immediately review the written RPD decision, determine whether a RAD appeal is available and identify the applicable deadline for the notice of appeal and the appellant’s record.

What the RAD can do

Depending on the appeal and the record, the RAD may confirm the RPD decision, set it aside and substitute its own determination, or refer the matter back for redetermination as permitted by law.

Preparing the appeal

A strong appeal identifies reviewable errors in the RPD decision and supports the arguments with the record, applicable law and, where admissible, new evidence. Not every disagreement with an RPD finding establishes an appealable error.

Historical publication: Originally published May 23, 2025. Claimants should verify current IRB filing rules and deadlines immediately after receiving a refusal.

Documents to gather after an RPD refusal

Keep the notice of decision, written reasons, hearing record if available, counsel correspondence and any proposed new evidence together. Record when the decision was received and assess the specific RAD eligibility rules before choosing a filing route.

See RAD representation and consultation options.

General information only. It is not legal advice.