While most refugee applications go through fairly easily, some cases are more complicated than others which can lead to rejections. Luckily there are authorities like the RAD that can help you in the process by providing convenient appeal options.

If you’ve had your immigration application rejected as a refugee, these are the important details that you need to know about refugee appeals:

Refugee Claim Rejected by the IRB?

Your refugee claim can be denied for various reasons. Each case varies, and depending on the reason why you were rejected, you will have different choices when it comes to appealing. Having an immigration lawyer is the best way to navigate through the process. Here’s how you can go about it:

Appealing to the Refugee Appeal Division (RAD)

The first thing is to appeal to the Refugee Appeal Division (RAD). The RAD receives your case and goes over the IRB’s decision. They will:

  • Confirm the RPD’s decision.
  • Set the RPD’s decision and provide a substitute.
  • Send the case back to the RPD for reevaluation.

Notice of Appeal

It’s a notice you send out to an authority to inform them that you will appeal. You have to send out the notice within 15 days of receiving the rejection. You have to make sure that you follow the correct deadlines or else you won’t be able to forward the appeal to the RAD. The appellant’s record needs to be sent within 30 days of receiving the rejection.

It’s recommended that you work with immigration lawyers, especially those that have experience in refugee appeal cases and rejections. Not only does it provide you with a lot of information but also assurance and confidence in the process.

You cannot access the Refugee Appeal Division if:

  • You have withdrawn or abandoned your refugee claim.
  • Your refugee claim is unfounded or not credible.
  • Those under the Safe Third country agreement.


These are some of the responsibilities that you need to fulfill when appealing to the RAD:

  • If you’re providing physical copies you need to provide 3 copies of the notice of appeal to the RAD within 15 days of receiving the rejection from the RPD.
  • If you’re providing an electronic copy of the above you need to provide only one copy.
  • Similarly, you need to provide two copies of the appellant’s record to the RPD within 45 days of receiving the rejection. Only one copy is required if you’re submitting it electronically.
  • Provide all of the documents in the right format.
  • Ensure that you submit all the documents on time.
  • Give detailed reasoning about your appeal.
  • If any of your documents are in a language apart from English and French, you’ll need to get them translated from a third-party source that has no interest in your appeal’s outcome.

Be aware that if you fail to follow these rules your application to the already can get rejected. Having an immigration lawyer helps a lot in the process, especially dealing with a load of paperwork involved.

A lawyer speaking to their client.

Preparing and Disclosing Documents for Your Appeal

As a part of your appeal, you can prepare documents to provide as evidence to the authorities. Sharing these documents is known as disclosure. These are the rules that you need to keep in mind when preparing disclosure documents for your appeal. Failing to follow these rules could bar you from using these documents in your appeal.

The Need for Legal Counsel

While there is no legal requirement for having counsel in this process, it can help will a lot of people have experiences sources to help in the procedure. It can be emotionally taxing for people to go through the procedure alone and having legal counsel makes a big difference.

Collaborate with the immigration lawyers in Toronto, who have worked with numerous refugees in their appeal cases. Nanda and Associate Lawyers are experienced in various cases and give the required help to their clients. Hire corporate lawyers, civil lawyers, commercial real estate lawyers, and family lawyers in Toronto for your needs.

Get in touch with them today or book an appointment with their professionals.

A person preparing their documents.

About the Author

The author is an immigration lawyer in Toronto at Nanda and Associate Lawyers. Passionate about helping the refugees applying to Canada and educating them about the various rules and regulations they worked on numerous cases and helped many people settle into the country through the due legal process.