The RAD reviews eligible RPD decisions, usually on the record. An appeal must identify reviewable errors precisely. New evidence is admitted only when the statutory test is met, and an oral hearing is not automatic.
Issues requiring careful review
- Whether a statutory RAD appeal right exists
- Notice and appellant-record deadlines
- Errors of fact, law or mixed fact and law
- Admissibility and significance of proposed new evidence
- Requested remedy and possibility of an oral hearing
How we prepare the matter
- Obtain the complete procedural history, decisions, notices and prior submissions.
- Build a detailed chronology and identify inconsistencies or missing evidence.
- Apply the governing legal test to the claimant’s particular facts.
- Develop corroborating, expert and country-condition evidence where relevant.
- Prepare focused written representations and hearing testimony within applicable deadlines.
Credibility and disclosure
Refugee proceedings often compare oral testimony with the Basis of Claim form, port-of-entry notes, immigration applications, documentary evidence and prior statements. An omission is not automatically fatal, but material differences should be identified early and explained truthfully with supporting evidence where available.
Frequently asked questions
Can I simply retell my refugee claim at the RAD?
No. A RAD appeal should identify material errors in the RPD decision and work within the rules governing the record and any new evidence.
Can a positive result be guaranteed?
No. Refugee and protection decisions are made by the responsible tribunal or authority. Representation focuses on lawful strategy, reliable evidence, procedural fairness and clear submissions.
Where can I verify the governing procedure?
See the official Canadian government or Immigration and Refugee Board information. Current rules and the complete record must be checked before taking action.
Refugee law, procedures, country conditions and available remedies can change. Information on this page is general and is not a substitute for advice based on the complete record.