Refugee Claim Appeal Lawyer Brampton

Right to File an Appeal

If your refugee claim was refused by the RPD, you generally have the right to appeal to the RAD. However, you cannot appeal to the RAD if any of the following apply to you:

• You have been designated a foreign national;
• Your claim was withdrawn or abandoned;
• The RPD found your claim had no credible basis or was manifestly unfounded;
• Your claim was made at a land border with the United States under the Safe Third Country Agreement;
• Your case involves a Ministerial application regarding refugee protection; or
• Your claim was rejected under Article 1F(b) of the Refugee Convention due to an extradition order.

If you don’t have the right to appeal to the RAD, you may still be able to seek Judicial Review before the Federal Court. And if you do appeal and receive a negative decision from the RAD, that decision can, in turn, be challenged through judicial review as well.

Starting an Appeal

If you’re eligible to appeal, you must file a Notice of Appeal with the RAD within 15 days of receiving the RPD’s written reasons for decision.

• Submit three copies of the Notice of Appeal to the RAD Registry at the regional office that issued the original decision.
• The RAD will consider new evidence that arose after your claim was rejected, or that was not reasonably available at the time of your RPD hearing.
• That evidence must meet specific criteria — credibility, relevance, newness, and materiality — and follow the RAD’s statutory conditions for admission.

Timelines for Filing an Appeal

• Notice of Appeal: within 15 days of receiving the RPD’s decision.
• Appellant’s Record: within 30 days of receiving the RPD’s decision, including any new evidence and indicating whether you’re requesting an oral hearing.
• RAD Decision: typically issued around 90 days after the appeal is perfected, though current backlogs mean it can take one to two years in practice.

If you miss a deadline, you can file an application for an extension of time under the RAD Rules, along with an explanation for the delay and any required supporting documents.

Hearings Before the RAD

Most RAD appeals are decided on the written record alone, without an oral hearing. However, the RAD can grant an oral hearing where documentary evidence raises serious credibility issues that are central to the decision on your refugee claim.

Why Choose Batra Law Offices for Your Refugee Claim Appeal

A refused refugee claim comes with tight deadlines and technical evidentiary rules, and getting it wrong can close off your options entirely. Our Brampton refugee appeal team prepares your Notice of Appeal and Appellant’s Record, builds the strongest case for admitting new evidence, and pursues Judicial Review at the Federal Court where the RAD route isn’t available or doesn’t succeed. We also regularly help clients whose cases touch on related matters, such as a Removal Order Appeal, a Residency Obligation Appeal, or Cessation & Vacation of status proceedings, so your case is handled as one coordinated strategy.

Frequently Asked Questions

What are my alternatives if my refugee claim is rejected in Canada?

You may be able to appeal to the Refugee Appeal Division (RAD), request a judicial review at the Federal Court, apply on Humanitarian and Compassionate (H&C) grounds, or seek a Pre-Removal Risk Assessment (PRRA), depending on your circumstances and eligibility.

What is the deadline for submitting a refugee appeal?

You must file a Notice of Appeal with the Refugee Appeal Division (RAD) within 15 days of receiving the Refugee Protection Division’s (RPD) written reasons for decision.

What happens if I lack the right to appeal to the RAD?

If you fall into an excluded category — such as a designated foreign national, an abandoned or withdrawn claim, or a claim made at a land border under the Safe Third Country Agreement — you may still be able to seek leave and judicial review at the Federal Court.

What is the option of requesting a judicial review if the RAD appeal is unsuccessful?

If your RAD appeal is unsuccessful, you can seek leave for judicial review at the Federal Court. A reviewing judge assesses the decision for errors of law or unreasonable findings; a successful review typically sends the case back to the RPD or RAD for a new decision.

How can I apply for permanent residence on humanitarian and compassionate grounds?

If you have strong ties to Canada or would face unusual hardship returning home, you may apply for permanent residence on Humanitarian and Compassionate (H&C) grounds, which considers factors outside the standard refugee test.

What is a Pre-Removal Risk Assessment (PRRA) and when can I apply?

If it has been at least one year since a negative RPD decision and you would face risk if removed to your home country, you can apply for a PRRA, which assesses that risk based on current country conditions.

What is the difference between a refugee appeal and a judicial review?

A refugee appeal at the RAD is a fresh review of the merits of the RPD’s decision, including new evidence in some cases, while a judicial review at the Federal Court only examines whether the decision-maker made a legal error or an unreasonable finding.

Is legal aid available for a refugee appeal or judicial review?

If you meet Legal Aid Ontario’s financial and merit criteria, you may qualify for a Legal Aid Certificate to help cover the cost of a RAD appeal or a Federal Court judicial review application.

What new evidence can be submitted at a RAD appeal?

The RAD generally only accepts evidence that arose after the RPD rejected the claim, or that was not reasonably available at the time of the RPD hearing, and it must be credible, relevant, new, and material to the decision.

Can I request an oral hearing at the RAD?

RAD appeals are usually decided on the written record, but the RAD can grant an oral hearing where new evidence raises a serious issue about your credibility that is central to the decision on your refugee claim.

How long does a RAD appeal take to be decided?

The RAD aims to decide most appeals within about 90 days of the appeal being perfected, but due to case backlogs, some appeals can take one to two years.

What is included in the Appellant’s Record for a RAD appeal?

The Appellant’s Record must be filed within 30 days of receiving the RPD’s decision and includes your written submissions, any new evidence you’re relying on, and a statement of whether you’re requesting an oral hearing.

What if I miss the deadline to file my refugee appeal?

You can file an application for an extension of time under the RAD Rules, but you must explain the reason for the delay and provide supporting documents — extensions are not automatic.

Can I stay in Canada while my RAD appeal is pending?

Generally, removal is stayed while a valid RAD appeal is pending, though this can be affected by exclusions such as designated foreign national status or a prior removal order — a lawyer can confirm your specific status.

Why should I use a lawyer for my refugee claim appeal?

The RAD appeal process has strict deadlines, technical evidentiary rules, and limited room for new evidence, so an experienced refugee appeal lawyer helps ensure your Notice of Appeal, Appellant’s Record, and legal arguments are filed correctly and on time.

Book a Consultation With a Brampton Refugee Appeal Lawyer

If your refugee claim has been refused, don’t wait to get advice — appeal deadlines move fast. Contact Batra Law Offices today to book a consultation. Call us at +1 905-533-0183 or WhatsApp us to get started.