Refugee Appeal Division: A Second Chance at Protection

A refusal of your refugee claim isn't the end of your story. The Refugee Appeal Division (RAD) offers a critical opportunity to challenge the decision and present your case again. At MTK Immigration Services, we specialize in turning denials into approvals through strategic legal representation and compelling appeal arguments.

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Legal representation for refugee appeals in Canada

When a Refugee Claim is Refused

Receiving a negative decision on your refugee claim is devastating. After sharing the most difficult experiences of your life, a refusal can feel like your last hope has vanished. But there's an important truth you need to know: a refusal from the Refugee Protection Division (RPD) is not final. You have the right to appeal.

The Refugee Appeal Division was created specifically to review RPD decisions and correct errors. Many refused claims are overturned on appeal when presented with strong legal arguments and proper representation.

What is the Refugee Appeal Division?

The RAD is an independent appeal tribunal within the Immigration and Refugee Board of Canada. It reviews decisions made by the RPD to determine whether they made errors in law, fact, or mixed law and fact. Unlike your original hearing, RAD appeals are typically conducted on paper without an oral hearing, making the quality of your written submissions absolutely critical.

How RAD Differs From Your Original Hearing

Understanding these key differences helps you appreciate why specialized appeal representation matters:

Written Focus: Most appeals are decided based on written arguments without you testifying again, though oral hearings can be requested in specific circumstances
Legal Standard: The RAD examines whether the RPD made reviewable errors rather than re-hearing your entire case from scratch
New Evidence: You can submit new evidence, but only if it arose after your RPD hearing or wasn't reasonably available before
Timeline: You have just 15 days from receiving the RPD decision to file your appeal—missing this deadline means losing your appeal rights

Common Reasons Refugee Claims Are Refused

Understanding why claims are refused helps us build stronger appeals. The most frequent reasons include:

Credibility Issues

This is the most common basis for refusal. The RPD may have found inconsistencies in your testimony, disbelieved parts of your story, or questioned whether you truthfully described what happened. Credibility findings are challengeable when the Board's reasoning is flawed or when they failed to consider explanations for inconsistencies, such as trauma affecting memory or interpreter errors.

Insufficient Evidence

Sometimes claims are refused because the Board determined you didn't provide enough evidence to support your story. This might mean missing country condition documentation, lack of corroboration, or insufficient proof of your identity or membership in a persecuted group. On appeal, we can introduce new evidence that wasn't available at your hearing.

Internal Flight Alternative (IFA)

The Board may have concluded you could relocate safely within your home country rather than needing Canada's protection. IFA findings can be challenged by demonstrating the Board didn't properly consider whether relocation is objectively reasonable given your personal circumstances, or whether persecution would follow you there.

State Protection

The RPD might have found that your home country's government could protect you adequately, so you don't need refugee protection. These decisions are appealable when the Board applied the wrong legal test or failed to properly assess why state protection wasn't available to you specifically.

Excluded Claims

In rare cases, the Board may have found you excluded from refugee protection under sections 1E or 1F of the Refugee Convention. These complex exclusion grounds require sophisticated legal analysis on appeal.

Our RAD Appeal Services

Time is critical when appealing a refugee decision. Our comprehensive appeal services include:

Urgent Case Review (Within 24-48 Hours): We analyze your RPD decision and transcript immediately to identify grounds for appeal and assess the strength of your case
Notice of Appeal Preparation: We prepare and file your Notice of Appeal within the strict 15-day deadline, ensuring all procedural requirements are met
Memorandum of Argument: This is the heart of your appeal—a detailed legal brief identifying specific errors the RPD made and explaining why the decision should be overturned. We craft persuasive arguments supported by case law and legal precedents
New Evidence Package: When applicable, we gather and submit new evidence that strengthens your claim, along with explanations for why this evidence wasn't available earlier
Respondent's Arguments Analysis: After the Minister's office files their response, we prepare a reply memorandum addressing their arguments
Oral Hearing Representation: If the RAD grants an oral hearing (typically only when new evidence raises serious credibility questions), we represent you at this hearing
Post-Decision Strategy: Whether your appeal succeeds or not, we advise on next steps including further legal options or alternative immigration pathways

The Appeal Process Step-by-Step

Step 1: File Your Notice of Appeal (Day 1-15)

You have only 15 calendar days from when you received the RPD decision (or 45 days if you were outside Canada). This notice formally starts your appeal. Missing this deadline means losing your right to appeal entirely—there are no extensions.

Step 2: Perfect Your Appeal (Within 30 Days of Filing)

After filing the Notice, you have 30 days to submit your complete appeal package, including your memorandum of argument, any new evidence, and all supporting documents. This is where our expertise proves invaluable—crafting legal arguments that persuade the RAD requires deep knowledge of refugee law and appeal precedents.

Step 3: Minister's Response (30 Days After Your Submission)

The Minister's office reviews your appeal and files a response. They may agree with your arguments, but more often they'll defend the RPD's decision and argue it should be upheld.

Step 4: Reply Memorandum (Optional, Within 15 Days)

You can file a reply to address new points raised in the Minister's response, though this isn't always necessary depending on the arguments presented.

Step 5: RAD Decision (Typically 6-12 Months)

The RAD reviews all written submissions and makes one of three decisions: they can confirm the RPD's refusal, allow the appeal and grant refugee protection, or send the case back to the RPD for a new hearing with different panel members. Currently, processing times average 8-10 months, though complex cases may take longer.

Why Choose MTK for Your Refugee Appeal?

RAD appeals require a completely different skillset than original refugee hearings. Success depends on identifying legal errors and presenting sophisticated written arguments—this is legal writing at its most technical.

Our team has extensive experience analyzing RPD decisions, finding reviewable errors, and crafting winning appeal arguments. We understand RAD precedents, know which legal principles to invoke, and have a proven track record of overturning refusals. More importantly, we understand the stakes—this may be your last chance at protection in Canada.

What Sets Our Appeal Work Apart

Speed: We treat every case as urgent because your deadline is urgent
Thorough Analysis: We review every page of your hearing transcript and the Board's reasons to identify all possible grounds for appeal
Strategic Approach: Not every error warrants an appeal argument—we focus on the strongest grounds most likely to succeed
New Evidence Expertise: We know how to present new evidence effectively and explain why it meets the RAD's admissibility requirements
Legal Research: Our memoranda are backed by current case law and legal precedents that support overturning the RPD decision

Success Stories and Realistic Expectations

While we've successfully overturned many refugee refusals, honesty is important: not every appeal will succeed. The RAD allows approximately 15-25% of appeals depending on the year and types of cases. However, this success rate is significantly higher when claimants have professional representation versus self-represented appeals.

Your chances improve substantially when the RPD made clear legal errors, when you have strong new evidence, or when credibility findings were based on flawed reasoning. During your consultation, we'll give you an honest assessment of your appeal prospects.

What Happens If Your Appeal Is Unsuccessful?

If the RAD upholds the RPD's refusal, you still have options:

Judicial Review: You can apply to Federal Court for judicial review if there are questions of law. We can assess whether judicial review is appropriate for your case
Pre-Removal Risk Assessment (PRRA): You may be eligible to apply for protection through the PRRA process
Humanitarian and Compassionate (H&C) Application: If you've established ties in Canada, an H&C application might provide another pathway to stay
Alternative Immigration Streams: Depending on your circumstances, other immigration programs might be available

We'll discuss all options during your consultation to ensure you understand every available path forward.

Time is Critical—Contact Us Today

The 15-day appeal deadline is strict and unforgiving. If you've received a negative decision on your refugee claim, contact us immediately. Every day matters. Even if you're uncertain about appealing, a consultation will help you understand your options and make an informed decision about your future.

We offer consultation in English and French, with interpreter services available for all other languages. Your appeal isn't just another file to us—it's your life, your safety, and your future. Let us fight for you.

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