Appeal Your Refugee Decision in Canada

Appeal Your Refugee Decision in Canada

Appeals and Refused refugee claimant in Canada

If your asylum case is denied and you are interested to remain in Canada, you may have a few alternatives to explore

Canada gives rejected refugee claimants the options to stay in Canada if they will be in danger or would face persecution if they return to their country of nationality. In this section you will learn about how a refused refugee claimant can appeal their case.

Please note that if you exhaust your alternatives, you will have to leave Canada, which is why it is crucial to receive professional advice and representation when handling an asylum rejection. Not to mention, there are very strict limited timelines to appeal your refugee decision in Canda case after receiving a claim rejection.

Refused Refugee Claimant

You should first understand why the Immigration Refugee Board (IRB) denied your refugee claim. The most common reasons of rejections are:
  • The claim was not credible.
  • Unclear evidence to establish your fear of persecution.
  • Failure to seek help from local authorities if the option was available.
  • Claimant may have had alternative places to live within their own country, etc.
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Appeal Refugee Decision in Canada Process

If your claim is rejected

The removal order against you will come into force and you may choose to leave Canada voluntarily or, if eligible, you can appeal the decision to the Refugee Appeal Division (RAD) within 15 days of receiving your Notice of Decision and reasons. If you appeal the decision, the removal order will be stayed (paused/on hold) until a decision is made on your appeal, and you will be able to remain in Canada during the process.

To appeal a refugee claim decision

It is crucial to prove that there was an error of law, facts or both in the decision made by the Member of the RPD. During this process, the Refugee Appeal Division will examine the RPD’s decision on your case and assess their reasoning to determine if there was a mistake made. The RAD has the authority to confirm the RPD decision (agree with the decision made by the Member); set aside (disagree with the decision) and replace it with a different decision; or refer back the case to the RPD and order a new hearing giving the RPD instructions that is considers necessary.

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Frequently Asked Questions (FAQ)

About Appeals and Refused Refugee Claimant in Canada

How long does a refugee appeal take in Canada?

The process may take 9 months or up-to 12 months.

Do I need a lawyer to appeal a refugee case?

Although you do not need a lawyer, it is highly recommended to hire either a lawyer or immigration consultant to handle your appeal as it is a very sensitive and complex type of application to do. With the representation of an expert in the field, you will have greater chances of approval.
At LMRT Immigration we can take care of the process for you. Contact us now to start your process.

What is the difference between appeal and judicial review in Canada?

Appeals at the Refugee Appeal Division (RAD) can be made on ground of questions of a fact or mixed fact and law; whereas a judicial review, the applicant must prove that the decision was not fair or reasonable, or that there was an error. As explained above, the RAD has the power to maintain or change the decision; whereas at a Judicial Review case, they can only remit the case to be re-heard by the RPD for reconsideration but does not guarantee that the IRB will reverse the original decision.

If appealing to the RAD is not an option for the applicant, you may apply for leave and Judicial Review which will be handled by the Federal Court of Canada.

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