Refugee Appeal Division (RAD) Canada
The Refugee Appeal Division (RAD) is an important part of Canada’s Immigration and Refugee Board (IRB). It reviews decisions that are made by the Refugee Protection Division (RPD) about refugee claims. If someone is facing the problem that their refugee claim is denied, the RAD gives them a chance to appeal and have their case reviewed again.
What Does the RAD Do?
The RAD reviews the appeals from people who think that the RPD made a wrong decision about their refugee claim. It can do the following:
- Agree with the RPD’s decision, so it stays the same.
- Change the decision and approve the person’s refugee status.
- Send the case back to the RPD for a new hearing with some specific instructions on what to do next.
Who Can Appeal to the RAD?
Not everyone can appeal to the RAD. Usually, people whose refugee claims were denied by the RPD can appeal, but there are some exceptions, such as:
- Claims that were ruled as having no valid reason or were clearly not genuine.
- Claims handled under the Safe Third Country Agreement (STCA).
- Claims from people who entered under an exception to the STCA.
- Cases where the person gave up their right to appeal or already received a decision on a past appeal.
How the Appeal Works
- Submitting the Appeal: The appeal must be filed within 15 days after getting the RPD’s written decision.
- Providing Documents: The person appealing can submit evidence and reasons to support their case.
- RAD Review: The RAD may make a decision based on the documents or, in some cases, hold a hearing.
- Final Decision: The RAD can agree with the RPD’s decision, change it, or send the case back for review.
Legal Assistance for RAD Appeals
It can be hard to challenge a refugee decision because you need good reasons and strong proof. A legal expert can help you make the process easier as well as improve the chances of winning.
At CWC, we provide expert guidance on RAD appeals and refugee protection matters. Contact us today for a FREE assessment. We are here to help you!
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