Refugee Appeal Division appeals in Toronto
A refugee claim rejected by the Refugee Protection Division can be appealed to the RAD within 15 days of receiving the written reasons. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, prepares and argues these appeals.
- 15 days to file the notice
- 30 days to file the record
- Decided on the RPD record
Free assessment
Tell us the date the RPD reasons reached you.
Who may appeal to the RAD, and who may not
IRPA section 110 opens the appeal to both sides, then closes it for several kinds of decision.
May appeal
IRPA s.110(1)
- The claimant, against a rejection, on law, fact or both.
- The Minister, against a decision that granted refugee protection.
No RAD appeal
IRPA s.110(2)
- Claims of designated foreign nationals.
- Claims the RPD declared withdrawn or abandoned.
- Claims found to have no credible basis or to be manifestly unfounded.
- Claims referred under the Safe Third Country Agreement exceptions.
- Minister’s applications to cease or vacate protection.
Where the RAD route is closed, leave and judicial review at the Federal Court under IRPA s.72 may remain.
How a RAD appeal moves
The sequence set by the Refugee Appeal Division Rules.
- 1Notice of appealThree copies to the Division (Rule 2).
- 2Appellant’s recordReasons, transcript, evidence and a memorandum of up to 30 pages (Rule 3).
- 3Minister’s intervention, if anyServed on the appellant first, then the Division (Rule 4).
- 4Decision on the papersNo hearing; the RPD record and written submissions (IRPA s.110(3)).
The clocks after an RPD rejection
Section 159.91 of the Immigration and Refugee Protection Regulations sets the RAD limits; IRPA s.72 sets the Federal Court limit.
| Step | Time limit | Rule |
|---|---|---|
| File the notice of appeal | 15 daysafter receiving the RPD’s written reasons | IRPR s.159.91(1)(a) |
| Perfect the appeal with the appellant’s record | 30 daysafter receiving the same written reasons | IRPR s.159.91(1)(b) |
| Ask for more time | On requestgranted for reasons of fairness and natural justice | IRPR s.159.91(2) |
| Seek leave at the Federal Court after the RAD decides | 15 daysafter being notified of the RAD decision | IRPA s.72(2)(b) |
What the RAD can order
IRPA s.111(1) allows three decisions; the memorandum asks for one by name.
Confirm
The RPD determination stays in place.
Set aside and substitute
The RAD makes the determination that should have been made.
Refer back to the RPD
Only if the RAD cannot decide without hearing the RPD evidence (s.111(2)).
IRPA s.110(4)Only evidence that arose after the rejection or was not reasonably available.
IRPA s.110(6)A hearing only if it raises a serious credibility issue central to the decision.
Papers to bring to the free assessment
They show which clock is running.
- The RPD notice of decision and written reasons, every page.
- Proof of the day the reasons arrived: envelope, email or portal message.
- Your Basis of Claim form and the exhibits filed with the RPD.
- The hearing recording or transcript, if you already have it.
- Documents dated after the hearing.
Who prepares the appeal
A licensed paralegal may represent a party at the RAD under LSO By-Law 4.
“I was greatly impressed by the efficiency with which Angelina handled our immigration case. All of our concerns, however minor, were promptly addressed by her. In addition to her efficiency she provided us with personal support at a time when it was most needed, the nerve-wracking days before the scheduled interview with the Immigration Officials. She reassured us and alleviated our fears, rational as well as irrational.”
Questions about RAD appeals
Is a RAD appeal a second refugee hearing?
No. Under IRPA s.110(3) the Division works from the RPD record and written submissions; testimony is not given again.
Can a paralegal represent someone at the Refugee Appeal Division?
Yes. LSO By-Law 4 lets a licensed paralegal appear before federal tribunals, and the RAD is part of the Immigration and Refugee Board.
What if the 15 days have already passed?
The Division may extend the limits for reasons of fairness and natural justice (IRPR s.159.91(2)). Bring proof of the date the reasons arrived.
The rules quoted above describe how RAD appeals work in general. They are general information, not legal advice, and no paralegal-client relationship exists until a retainer is signed.
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