Refugee Appeal Lawyer Canada
Refugee Appeal Lawyers in Canada
Pax Law Corporation is a Canadian law firm with offices in North Vancouver, British Columbia. Our lawyers have experience in immigration and refugee files, and can assist you with appealing the refusal of your refugee protection claim.
warning: The Information on This Page is Provided to Assist the Reader and Is Not a Replacement for Legal Advice from A Qualified Lawyer.
It is crucial that you act within the 15-day time limit to appeal your refugee claim refusal so that your removal order is automatically stopped.
If you want to retain a refugee appeal lawyer to help you, you must act immediately as 15 days is not a long time.
If you do not act before the 15-day timeline runs out, you may lose your chance to appeal your case to the Refugee Appeal Division (“RAD”).
There are further deadlines you have to meet while your case is before the Refugee Appeal Division:
You have to file a notice of appeal within 15 days of receiving the refusal decision.
You must file your appellant’s record within 45 days of receiving your decision from the Refugee Protection Division.
If the Minister of Immigration, Refugees and Citizenship of Canada decides to intervene in your case, you will have 15 days to reply to the Minister.
What happens if you miss a deadline at the Refugee Appeal Division?
If you miss one of Refugee Appeal Division’s deadlines but want to continue with your appeal, you will have to apply to the Refugee Appeal Division according to rule 6 and rule 37 of Refugee Appeal Division Rules.
This process can take additional time, complicate your case, and eventually be unsuccessful. Therefore, we recommend that you take care to meet all of Refugee Appeal Division’s deadlines.
What Can Refugee Appeal Lawyers Do?
Most appeal before the Refugee Appeal Division (“RAD”) are paper-based and do not have an oral hearing.
Therefore, you must ensure that you prepare your documents and legal arguments in the manner required by RAD.
An experienced refugee appeal lawyer can assist you by correctly preparing the documents for your appeal, researching the legal principles applicable to your case, and preparing strong legal arguments to advance your claim.
If you retain Pax Law Corporation for your refugee appeal, we will take the following steps on your behalf:
File Notice of Appeal with the Refugee Appeal Division
If you decide to retain Pax Law Corporation as your refugee appeal lawyers, we will immediately file a notice of appeal on your behalf.
By filing a notice of appeal before 15 days have passed from the date you received your refusal decision, we will protect your right to have your case heard by RAD.
Obtain Transcript of Refugee Protection Division Hearing
Pax Law Corporation will then obtain the transcript or recording of your hearing before the Refugee Protection Division (“RPD”).
We will review the transcript to find out of the decision-maker at the RPD made any factual or legal mistakes in the refusal decision.
Perfect the Appeal by Filing an Appellant’s Record
Pax Law Corporation will prepare three copies of the appellant’s record as the third step to appealing the refugee refusal decision.
The Refugee Appeal Division Rules require two copies of the appellant’s record to be submitted to RAD and one copy to be submitted to Minister of Immigration, Refugees and Citizenship of Canada within 45 days of the refusal decision.
The appellant’s record must contain the following:
- The notice of decision and the written reasons for the decision;
- All or part of the transcript of the RPD hearing which the appellant wishes to rely on during the hearing;
- Any documents the RPD refused to accept as evidence that the appellant wishes to rely on;
- A written statement clarifying whether:
- the appellant needs an interpreter;
- the appellant wishes to rely on evidence that arose after the refusal of the claim or that was not reasonably available at the time of the hearing; and
- the appellant wishes for a hearing to be held at the RAD.
- Any documentary evidence the appellant wishes to rely on in the appeal;
- Any case law or legal authority the appellant wishes to rely on in the appeal; and
- A memorandum of the appellant with the following included:
- Explaining the errors that are the grounds of the appeal;
- How documentary evidence submitted for the first time during the RAD process meets the requirements of the Immigration and Refugee Protection Act;
- The decision the appellant is seeking; and
- Why a hearing should be held during the RAD process if the appellant is requesting a hearing.
Our refugee appeal lawyers will perform the necessary legal and factual research to prepare a thorough and effective appellant’s record for your case.
Who Can Appeal their Refusal to RAD?
The following groups of people cannot file an appeal to RAD:
- Designated Foreign Nationals (“DFNs”): people who have been smuggled into Canada for profit or in relation to terrorist or criminal activity;
- People who withdrew or abandoned their refugee protection claim;
- If the RPD decision states that the refugee claim has “no credible basis” or is “manifestly unfounded;
- People who made their claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement;
- If the Minister of Immigration, Refugees and Citizenship of Canada made an application to end the person’s refugee protection and the RPD decision allowed or refused that application;
- If the Minister of Immigration, Refugees and Citizenship of Canada made an application to cancel the person’s refugee protection and the RPD allowed or rejected that application;
- If the person’s claim was referred to the RPD before the new system came into force in December, 2012; and
- If the person’s refugee protection was deemed to be rejected under Article 1F(b) of the Refugee Convention because of an order of surrender under the Extradition Act.
What Happens if You Cannot Appeal to RAD?
Individuals who cannot appeal their refugee refusal decision have the option to take the refusal decision to the Federal Court for Judicial Review.
In the Judicial Review process, the Federal Court will review the decision of the RPD. The Federal Court will decide whether the decision followed the legal requirements for administrative tribunals.
Judicial review is complicated process, and we recommend you consult with a lawyer regarding the specifics of your case.
FAQ
What happens if I miss a time limit during the RAD process?
You will have to apply to RAD and ask for an extension of time. You application must follow the rules of RAD.
Are there in-person hearings during the RAD process?
Most RAD hearings are based off the information you provide through your notice of appeal and appellant’s record. However, in some cases RAD may hold a hearing.
Can I have representation during the refugee appeal process?
Yes, you can be represented by any of the following:
1. A lawyer or paralegal who is a member of a provincial law society;
2. An immigration consultant who is a member of he College of Immigration and Citizenship Consultants; and
3. A member in good standing of the Chambre des notaires du Québec.
What is a designated representative?
A designated representative is appointed to protect the interests of a child or an adult without legal capacity.
Is the Refugee Appeal Division process private?
Yes, RAD will keep the information you provide during its process confidential to protect you.
How do I know if I have a right of appeal to RAD?
Most people can appeal a refugee refusal to RAD. However, if you suspect you may be among the individuals without the right to appeal to RAD, we recommend a consultation with one of our lawyers to assess your case. We can advise you whether you should appeal to RAD or take your case for a judicial review at the Federal Court.
How much time to I have to appeal my refugee claim refusal?
You have 15 days from the time you receive your refusal decision to file a notice of appeal with RAD.
What kind of evidence does RAD consider?
RAD can consider new evidence or evidence that could not have been reasonably provided during the RPD process.
What other factors can RAD consider?
RAD can also consider whether the RPD made errors of fact or law in its refusal decision. Furthermore, the RPD can consider your refugee appeal lawyer’s legal arguments in your favor.
How long does a refugee appeal take?
You will have 45 days from the time of the refusal decision to complete your application. The refugee appeal process can be finished as early as 90 days after you start it, or in some cases it can take more than a year to complete.
Can lawyers help refugees?
Yes. Lawyers can assist refugee by preparing their cases and submitting the case to the relevant government agencies.
How do I appeal a refugee decision in Canada?
You may be able to appeal your RPD refusal decision by filing a notice of appeal with the Refugee Appeal Division.
What are the chances of winning immigration appeal Canada?
Each case is unique. We recommend you speak to a qualified lawyer for advice about your chances of success in court.
What to do if refugee appeal is denied?
Talk to a lawyer as soon as possible. You are at risk of deportation. Your lawyer may advise you to take the denied refugee appeal to Federal Court, or you may be advised to go through the pre-removal risk assessment process.
Steps to Appeal a Refused Refugee Claim
File a Notice of Appeal
File three copies of your notice of appeal with the Refugee Appeal Division.
Obtain and Review Recording/Transcript of Refugee Protection Division Hearing
Obtain a transcript or recording of the RPD hearing and review it for factual or legal mistakes.
Prepare and File Appellant’s Record
Prepare your appellant’s records based on the requirements of the RAD rules, and file 2 copies with RAD and serve a copy on the Minister.
Book a Consultation Today
If your refugee claim has been refused and you need urgent legal advice, you can book a timed consultation with Pax Law Corporation. During this scheduled session, one of our refugee appeal lawyers will review your refusal decision, explain your appeal rights and deadlines, and advise you on the best next steps. Please complete the form below to reserve your consultation time, as strict timelines apply.