Refugee Appeal Division (RAD) Appeals

Refugee Appeal Division Appeals

Updated September 2026. This guide explains Refugee Appeal Division appeals in Canada, including eligibility, deadlines, written arguments and new-evidence issues.

RAD appeal after a refused refugee claim

The Refugee Appeal Division (RAD) reviews certain Refugee Protection Division decisions. A claimant whose refugee claim was refused may have a right to file a RAD appeal in Canada if IRPA allows it. The RAD can review alleged factual, legal and mixed errors and, where the statutory test is met, can consider new evidence.

Current RAD deadlines

The IRB states that an eligible claimant generally has no more than 15 days after receiving the written reasons for the RPD decision to file the Notice of Appeal and no more than 45 days after receiving the written reasons to file the appellant’s record. Extensions are discretionary and require a proper application.

Who may not have a RAD appeal

RAD jurisdiction is excluded in specified situations, including certain no-credible-basis or manifestly-unfounded decisions, withdrawn or abandoned claims, specified STCA-related claims, cessation or vacation matters, designated foreign nationals and other statutory categories. Jurisdiction should be checked against the exact decision and current law.

Prepare for a RAD appeal review

Gather the RPD decision and reasons, proof of when you received them, your Basis of Claim, filed evidence, hearing correspondence and any proposed new documents. If a Notice of Appeal has already been filed, bring it and the receipt. Keep a separate list of the findings you believe are wrong and the record pages that address each finding.

A refused refugee claim and an IAD removal order appeal involve different appeal routes. Use the decision you actually received to identify the appropriate process.

The appellant’s record

The record normally includes legal submissions, relevant RPD material and any proposed new evidence. Effective submissions identify reviewable errors, explain the applicable standard and show why the error matters to the outcome rather than simply repeating the original narrative.

New evidence

New evidence is not automatically admitted. IRPA limits it to evidence that arose after rejection, was not reasonably available, or could not reasonably have been expected to be presented earlier, subject to the governing jurisprudence.

Will there be a hearing?

Most RAD appeals are decided on the written record. IRPA permits a hearing in defined circumstances involving admitted new evidence that raises a serious credibility issue, is central to the decision and, if accepted, could justify allowing or rejecting the claim.

Possible RAD decisions

The RAD can confirm the RPD decision, set it aside and substitute its own determination, or refer the matter back to the RPD for redetermination with directions.

After a negative RAD decision

A negative RAD decision may be challenged by an application for leave and judicial review in the Federal Court. Court deadlines are strict. Federal Court proceedings through Fourth Dimension Immigration are handled by FDI’s in-house lawyer authorized to practise before the Federal Court.

RAD Appeal Guides

• Can new evidence be submitted to the Refugee Appeal Division?
• RAD appeal vs Federal Court judicial review
• Refugee claim refused in Canada: what are your options?

Official resources

• IRB: Filing a refugee appeal

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This page provides general legal information, not advice for an individual case. Laws, policies and procedural directions can change. Confirm the requirements and deadlines that apply to your matter.