At‑a‑Glance

Who this page is for

You’re on the right page if:

1. Your refugee claim was refused by the Refugee Protection Division (RPD); and
2. You received (or are about to receive) the written reasons; and
3. You want a clear plan for the correct remedy (RAD / Federal Court / PRRA / H&C), without missing deadlines.

The 3 deadlines that destroy most cases

1. RAD (Refugee Appeal Division): common time limits are 15 days to file the Notice of Appeal and 30 days to perfect the appeal (submit the Appellant’s Record) after receiving written reasons.
2. Federal Court judicial review: commonly 15 days to start a leave application after an in‑Canada decision.
3. PRRA kit deadlines: if you receive a PRRA notice/forms, the letter usually gives short, strict submission deadlines.

Your exact deadlines can vary. The safe assumption is: treat refusal day as urgent and confirm timelines immediately.

A clean decision tree (most refused claimants)

Step 1: Is a RAD appeal available?

1. In many cases, yes, but the law blocks RAD appeals for certain categories (examples include):
2. the claim of a designated foreign national;
3. a decision that the claim was withdrawn or abandoned;
4. a refusal stating no credible basis or manifestly unfounded;
5. certain decisions connected to designated safe third countries / agreements under regulations;
6. claims involving a designated country of origin (DCO) (depending on timing/status);
7. cessation and vacation determinations.

If RAD is available:

1. RAD is usually the first remedy after an RPD refusal.
2. In many standard scenarios, filing a RAD appeal helps place removal on hold while the appeal is active, but never assume; confirm your enforcement status.

If RAD is not available (or RAD is finished): Step 2: Federal Court judicial review

1. This is not a full “re‑hearing.” The Court reviews for legal error, procedural fairness, or unreasonable reasoning.
2. There is often no automatic stay of removal; urgent stay planning may be needed.

Step 3: Removal‑stage protection options

1. PRRA is typically available only at (or near) removal stage and usually begins after you receive a PRRA notice/forms.
2. Other urgent options can include deferral requests or stay motions depending on context.

Step 4: Long‑term pathway (H&C)

1. H&C is a permanent residence pathway focused on hardship/establishment/best interests of children.
2. It is generally not a refugee appeal and usually is not the right tool to argue “risk” (risk belongs in refugee/PRRA).

What makes appeals succeed

Appeals and reviews succeed when you prove decision‑level errors, like:

1. the Member ignored key evidence or misunderstood the record;
2. credibility findings are unsupported or irrational;
3. the wrong legal test was used (state protection / IFA / nexus);
4. reasons contain logic gaps or unfair process issues.

What LMRT does in refused‑claim files

1. Deadline control + triage of the correct remedy
2. Error mapping tied to the written reasons
3. Record‑building strategy (what belongs to RAD vs what belongs to PRRA/H&C)
4. Evidence organization (targeted, dated, credible)

Full Guide

1) First: read the written reasons like a roadmap

A refusal is rarely “just bad luck.” It’s usually one of a few engines:

1. Credibility (the Member didn’t believe key events)
2. State protection (the Member believed protection exists where you live)
3. Internal Flight Alternative (IFA) (you could relocate safely inside your country)
4. Nexus (harm not linked to a Convention ground, or wrong “protected ground” analysis)
5. Exclusion / serious issues (rare but very high‑stakes)

The right remedy depends on which engine is driving the refusal.

2) Option 1: Refugee Appeal Division (RAD)

2.1 What RAD is (and what it isn’t)

RAD is an appeal body inside the IRB. It can review RPD decisions on law, fact, or mixed law and fact.

Most RAD files are decided on paper (no hearing), with hearings only in limited situations.

2.2 When RAD is not available (common categories)

RAD is blocked for certain decisions/categories including (among others):

1. the claim of a designated foreign national;
2. determinations of withdrawal or abandonment;
3. refusals stating no credible basis or manifestly unfounded;
4. certain cases linked to designated safe third countries / agreements under regulations;
5. some cases linked to designated countries of origin;
6. cessation and vacation decisions.

Practical rule: don’t guess. Confirm eligibility immediately from the refusal package and counsel.

2.3 The new‑evidence rule (the biggest trap)

RAD is not a “start over.” Generally, you can present only evidence that:

1. arose after the refusal, or
2. was not reasonably available, or
3. you could not reasonably have been expected to present at the RPD.

If you flood RAD with irrelevant or non‑qualifying evidence, you weaken your file.

2.4 What a strong RAD appeal looks like

A strong RAD appeal is built like an argument:

1. Identify 3–7 decisive errors.
2. Pinpoint the error in the reasons and connect it to the hearing record.
3. Explain how the error changes the outcome.
4. Request a specific remedy (confirm / substitute / remit).

For the deep RAD procedure guide (records, formatting, best practices):

1. /rad-appeal-process-canada/

3) Option 2: Federal Court judicial review

3.1 What the Court can do

The Federal Court usually does not decide you are a refugee directly. It can:

1. refuse leave,
2. or set aside the decision and send it back for a new decision.

3.2 Removal planning is essential

A common mistake is assuming “I filed to Federal Court, so removal stops.” Often, it does not.

If removal is active, your plan may need:

1. a deferral request (case‑specific), and/or
2. an urgent stay motion (through counsel), and
3. a PRRA‑readiness plan where appropriate.

4) Option 3: PRRA (Pre‑Removal Risk Assessment)

PRRA is a removal‑stage risk process. It is not the same as RAD.

4.1 PRRA usually starts when you receive the PRRA notice/forms

In many cases, you cannot “file PRRA whenever you want.” Eligibility is often confirmed when you receive a PRRA notification package.

4.2 PRRA is about current risk with credible, specific evidence

PRRA usually requires evidence that is:

1. new or updated,
2. specific to you,
3. credible and organized.

For PRRA (pillar):

1. /asylum-canada/pre-removal-risk-assessment-prra-canada/

For PRRA after refusal scenario:

1. /asylum-canada/prra-after-refused-refugee-claim-canada/

5) Option 4: H&C (Humanitarian & Compassionate grounds)

H&C is a permanent residence pathway based mainly on hardship/establishment/best interests of children.

What H&C is not

1. It is not a refugee appeal.
2. It is usually not the correct tool to argue “risk on return” (that belongs in refugee/PRRA).

H&C can also have timing restrictions depending on your refugee/PRRA history.

H&C pillar:

1. /asylum-canada/humanitarian-and-compassionate-grounds/

6) High‑risk edge cases: danger opinions and serious criminality

Canada’s non‑refoulement principle is in IRPA s.115(1), with serious exceptions (including “danger to the public”) under s.115(2) in specific circumstances.

If your file involves criminality, danger opinions, or other high‑stakes enforcement issues:

1. /danger-to-public-opinion/

7) “Do this today” checklist after a refusal

1. Get the written reasons and record the date you received them.
2. Confirm RAD eligibility immediately.
3. Build a deadline calendar (RAD 15/30; Federal Court leave deadline if relevant).
4. Organize evidence by pathway (RAD vs PRRA/H&C) – don’t mix.
5. If removal is active, plan urgently for stays/deferrals/PRRA readiness.

Where to go next on LMRT (navigation)

1. Asylum process.
2. RAD deep guide.
3. PRRA after refusal.
4. PRRA.
5. H&C.
6. Edge cases.

Book a consultation

If you were refused, strategy and deadlines matter.

LMRT Immigration – Loujin Khalil (RCIC‑IRB, CICC #R522176) can evaluate the reasons, confirm eligibility, and build a clean plan.

---