Refugee Appeal Division

The Refugee Appeal Division (RAD) is a key component of Canada’s refugee determination system. It serves as an appeal process for individuals whose refugee claims have been denied by the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). The RAD provides an avenue for rejected claimants to seek a review of their cases in an effort to have their refugee status reconsidered.

Key points about the Refugee Appeal Division (RAD) include:

1. Appeal Process: The RAD provides individuals with the opportunity to appeal a negative decision made by the RPD, which initially reviews and assesses their refugee claims. If the RPD rejects the claim, the claimant has the right to appeal to the RAD.
2. Grounds for Appeal: To appeal to the RAD, claimants must demonstrate that the RPD made errors in its decision or that there is new evidence available that was not presented during the initial hearing.
3. Composition: The RAD is composed of independent decision-makers who were not involved in the initial RPD decision. They conduct a thorough review of the case and have the authority to either confirm the RPD decision or overturn it in favor of the claimant.
4. Time Limits: Claimants must adhere to strict timelines when filing their appeals to the RAD. This includes filing the appeal within a set period after receiving the RPD’s decision.
5. Procedural Considerations: The RAD process typically involves written submissions, but in some cases, an oral hearing may be conducted. During this hearing, the appellant can present their case and respond to questions from the RAD members.
6. Outcomes: The RAD has the authority to make a final determination on the refugee claim. They can either uphold the RPD’s decision, overturn it in favor of the claimant, or refer the case back to the RPD for reconsideration if there were procedural errors.
7. Resettlement or Removal: Depending on the RAD’s decision, claimants may either be granted refugee status and allowed to remain in Canada or face deportation if their appeal is unsuccessful.

The Refugee Appeal Division plays a crucial role in ensuring that individuals who genuinely fear persecution in their home countries have an opportunity to present their cases for protection in Canada. It acts as a safeguard against potential errors or oversights in the initial decision-making process. It is important to note that the specific procedures and requirements for the RAD may change over time, so individuals involved in the refugee determination process should consult the most recent information and seek legal advice if necessary.