Appeal a refugee claim

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Canada's system is in place to protect the people in need; not all applicants are accepted. By having your refugee claim rejected by the Immigration and Refugee Board (IRB) you can be certain that the decision doesn't mean game over for you. Normally, most claimants can appeal the decision and have a second assessment of their claim.

Appealing a refugee claim is, after all, a process that requires a good understanding of Canada's legal framework; attention to detail and, of course, punctual document submission. Lucky for you, CITRN stands here to walk you through each step to success.

 

When Can You Appeal a Refugee Claim?

If the IRB's Refugee Protection Division (RPD) denied your refugee claim, you may be able to appeal. The appeal will be heard at the Refugee Appeal Division (RAD), which will review the RPD's decision and determine if an error occurred during the assessment process.
You may appeal if:

• The Refugee Protection Division Rejected Your Application: For various reasons, this determination could be on account of an insufficiency of evidence while questions have arisen over your credibility or a failure in satisfying refugee protection grounds.
• You Were Declined the RPD following a Mistake in a Decision: Now if you believe, on law or fact grounds that the RPD was mistaken, you can appeal to them to exercise their discretion to alter their decision.

 

Who Does Not Have a Right to Appeal?

While many people are eligible to appeal the decision pertaining to their refugee claim, others are not. You might not be eligible to appeal your case if:

• Your refugee claim was abandoned.
• You voluntarily withdrew your refugee claim.
• You were determined to be ineligible to file a claim under the Safe Third Country Agreement.
• You have committed serious criminality and are liable to being deported on such grounds or as you have committed issues that come under security issues or human rights abuses

Or else, if you do not qualify to appeal to the RAD then there are still other alternatives for you to pursue. You can opt for a judicial review of your case at the Federal Court of Canada.

 

How to Appeal a Refugee Claim in Canada

If you are eligible to appeal, you must follow a specific process to submit your appeal to the Refugee Appeal Division. Here's what the process of appeal looks like:

Notice of Appeal:  You must submit your Notice of Appeal to the Refugee Appeal Division within 15 days after getting a written decision from the RPD. This is your formal intention to appeal the decision as well.

Appeal Record:
Within *30 days after you receive a written decision, you should prepare and submit an Appeal Record. This is a compilation of all documents and evidence necessary to support your case. This may include the written reasons for the original decision, new evidence that might have only recently become available to you, and legal arguments outlining why the Refugee Protection Division  decision should be overturned.

Review by the Refugee Appeal Division
The RAD will examine your appeal on the evidence before it. In certain cases, the RAD may decide to hold an oral hearing to get a better feel for your case. An oral hearing is most likely to occur when there are credibility issues or new evidence that require further inquiry.

Decision by the RAD
The RAD will either confirm the RPD's decision or reject the decision. And if the RAD rejects it, then you become a refugee in Canada. If the RAD affirms the original decision, then you can look forward to exploring options available in the judicial review that the Federal Court may offer.

 

Key Factors While Appealing

Appealing your refugee claim is not just the resubmission of your initial case. It's not easy; you need strong arguments and knowledge of procedural requirements. There are also some things to note as follows:

• Timely Submission : Missing deadlines to submit your Notice of Appeal or Appeal Record can result in having the dismissal of your appeal without review, meaning it is dismissed without even going through it. So, act fast.
• New Evidence: You may present new evidence that had not been available or did not exist at the time you filed your claim. New evidence can be attached to your appeal. These include new documents, witness statements, or country conditions that may have changed since your appeal date.
• Focus on Legal Errors: The RAD will review the original decision to determine whether the RPD made an error in law or fact. Your appeal should focus on determining such errors and how such errors might reasonably have affected the outcome of your claim.

 

How CITRN Can Help You Appeal a Refugee Claim

If the claim is being appealed in that country, it would be quite intimidating, especially because you are dealing with immigration and refugee laws in Canada. We at CITRN provide you with extensive support from the appeal process to ensure that your case will be presented properly and on time.

Expert Consultation and Case Review
CITRN first consultations on the reasons your refugee claim denial. We will review your case, the RPD original decision, as well as new evidence that could be newly submitted on appeal. We carefully identify the soundest arguments of law by which the decision can be overturned.

Appeal Documentation Assistance
Among all other, the most important thing to succeed in an appeal for a claim of refugee is drafting and filling out the right paper. CITRN's experienced team will help you prepare your Notice of Appeal and the Appeal Record, see to all legal formalities are made, and your appeal is filed before time as the timelines set.

Representation at all stages of the appeal process
If the RAD is to hold an oral hearing, legal representation is crucial. CITRN brings you experienced representation at hearings, and experienced advocacy will ensure that your case is presented clearly and effectively. We will walk you through the questions and procedures so you are best placed for a positive outcome.

Federal Court Appeals
In the even that the RAD has dismissed your appeal, CITRN can assist you to make an application to the Federal Court of Canada for a judicial review. This will give you the opportunity to have a judge review your file and provide a determination of whether or not the RAD made a fair and lawful decision.

Continuing Support and Direction
Throughout the appeal process, CITRN offers continuous support in ensuring that you understand each step while feeling assured of your case. Whether it's answering questions, helping you gather new evidence, or preparing for a hearing, we can guide you through that.