Appeals of refugee protection decisions, where an appeal is available.
The Refugee Appeal Division hears appeals from decisions of the Refugee Protection Division. It is the route for a claimant whose claim was refused — but only where an appeal is available, because several categories of claim are excluded from RAD access by law.
It works quite differently from the hearing below it. The RAD generally proceeds on the written record and on written submissions rather than by holding a new hearing, and an oral hearing occurs only in limited circumstances. That makes the quality and precision of the written submissions the substance of the appeal.
New evidence is admissible only within strict limits: broadly, evidence that arose after the RPD's decision, or that was not reasonably available at the time. This is the constraint people find most difficult, because the instinct after a refusal is to gather more material — and most of what is gathered afterwards is not admissible on that basis. Deadlines here are among the shortest in the system.
| Hears appeals from | The Refugee Protection Division |
|---|---|
| Availability | Restricted — several categories of claim are excluded |
| Usually decided on | The written record and written submissions |
| Oral hearing | Only in limited circumstances |
| New evidence | Admissible only within strict limits |
What an application on this route usually involves. Not a checklist that guarantees anything — IRCC sets the requirements, and they change.
Whether it fits you is what a consultation is for. This page cannot answer that and does not try to.
The periods here are among the tightest in the system and run from the decision.
Material obtained after the refusal generally fails the admissibility test unless it arose later or was not reasonably available before.
An appeal identifies errors in the decision. Restating the original claim is not the same exercise.
Access is restricted, and time spent preparing an appeal that is not available is time lost from the routes that are.
No. Access to the RAD is restricted and several categories of claim are excluded by law. Establishing whether an appeal exists is the first step.
Usually not. The RAD generally decides on the written record and submissions, with an oral hearing only in limited circumstances.
Only within strict limits — broadly, evidence arising after the RPD decision or not reasonably available before. Most material gathered after a refusal does not meet that test.
Other routes may exist depending on the circumstances, and Federal Court judicial review is restricted to lawyers. Where that is the right step, ZIMMR will say so and refer you.
That is the one question this page cannot answer. Start with the free assessment, then bring your situation to a consultation with the RCIC-IRB.
Start Your AssessmentBook a paid consultationThis page is general information. It is not an assessment of your eligibility, and nothing on it is immigration advice for consideration. Refugee Appeal Division matters at ZIMMR are advised on directly by Irshad Osman, RCIC-IRB.
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