Appeal process for refugees inside Canada

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Canada has established a definite and transparent program of refugees as well so that individuals who are fleeing persecution, civil war, and insecurity get protection. Refugee claims cannot be approved for everyone, though. If your immigration claim has been rejected at the **Immigration and Refugee Board of Canada (IRB)**, you can appeal against that decision. Within this blog post, we are going to outline some of the process related to the refugee appeal division, eligibility, and what to expect if you must appeal against a decision on your claim.

 

The Refugee Appeal Division (RAD)

The Refugee Appeal Division (RAD) is the IRB tribunal designated to hear appeals from claimants whose refugee claims were refused. RAD provides the refused applicants with an opportunity to have their case reviewed to ensure that no errors in law or fact had occurred in making the original decision.

The eligibility applicants are given opportunities to present new evidence, prepare written arguments, and explain why the original decision should be overturned.

 

Who Is Eligible to File an Appeal?

Not everyone who filed a claim is entitled to appeal to the RAD. The ability to file an appeal by someone who was refused a refugee claim is governed by various factors including the following:

• Individuals whose refugee claims were rejected by the Refugee Protection Division (RPD) of the IRB.
• Rejected inland refugee claimants who have received their decision within the last 15 days.
• New evidence that was not previously considered, which could change the outcome of the case.

However, certain groups are ineligible to file an appeal to the RAD, including:

• Claimants from Designated Countries of Origin (DCOs): These are countries considered to be safe, with a low risk of persecution.
• Individuals whose claims were deemed manifestly unfounded or with no credible basis.
• Rejected claimants who used the Safe Third Country Agreement (STCA) to enter Canada from the U.S.
• Individuals facing removal orders due to criminality or security concerns.

If you are not eligible for an appeal with the RAD, you may still be able to request a judicial review by the Federal Court.

 

Filing an Appeal with the Refugee Appeal Division

An appeal is filed by submitting a Notice of Appeal to the Refugee Appeal Division within 15 days from receiving a written decision from the RPD. This is a very important timeframe; failing to do so within the said timeframe deprives you of the right to appeal.

The Notice of Appeal outlines your intent to appeal and why you believe the decision must be overruled. Coinciding with the Notice of Appeal, you must also file Appellant's Record within 30 days, including:

• Any argument on which you rely in support of an appeal
• All evidence introduced before the hearing from which the judgment appealed from was rendered
• All evidence which could not with due diligence have been produced at the hearing from which the judgment appealed from was rendered, but is Nevertheless relevant to a matter in controversy in the case

 

What happens after I file an appeal?

You will lodge the appeal, and then RAD will make a decision on whether to review the original decision along with all the additional arguments or evidence that you have presented. The appeal can take two ways:

Paper-Based Appeal
Most of the times, the paper-based review is made by the RAD. That is the decision that is made based on the submissions and evidence written. This is the most common form of appeal review, and the claimant is not required to attend personally.

Oral Hearing
In other instances, the RAD may decide to conduct an oral hearing to assess the appeal. Oral hearings tend to be necessary in cases where very technical questions of law are involved or where the presence of new evidence needs to be scrutinized very carefully. At the time of the hearing, the claimant will be allowed to plead his or her case to the RAD.

 

Possible Outcomes of an Appeal

The RAD could make one of three possible conclusions after it had reviewed the appeal:

Confirm the Original Decision
The RAD may rule that the original decision carried by the Refugee Protection Division was accurate, and it committed no errors. This results in denial for the appeal, and the individual could be removed from Canada.

Overturn the Decision
The appeal will be allowed in case the RAD determines that the original decision was wrong or that new evidence calls for a different verdict. In this sense, the claimant will get refugee protection and will be allowed to seek permanent residency in Canada.

Refer the Case Back to the Refugee Protection Division
In some cases, the RAD may review a case and refer it back to the RPD for a fresh hearing. This is often a case where the RAD has reasons to believe that certain aspects of the case were not addressed satisfactorily during the initial hearing. The RPD will thus conduct a fresh hearing to determine whether the claim holds water or otherwise.

 

 

What Happens if the Appeal is Denied?

If your appeal is not accepted, you should be informed that this may not be the last step in a line of several more to be had for you, and among these, are:

Judicial Review by the Federal Court
If the RAD rejects your appeal, you may seek judicial review by the Federal Court of Canada. In essence, the judicial review is a chance for a court to examine whether there has been any legal mistake in the determination made by the RAD upon reviewing your case. However, permission from the court has to be sought to do the judicial review. The process is always convoluted and usually persons have it represented by lawyers.

Pre-Removal Risk Assessment (PRRA)
If you are at the risk of being removed from Canada, you might be eligible to apply for Pre-Removal Risk Assessment (PRRA). A PRRA determines whether sending you back to the country of origin would put you in danger of persecution, torture, or any other serious harm. PRRA is sometimes a final line of defense when no hope seems to be left between refused refugee claims and appeals.

Humanitarian and Compassionate Grounds Application
One avenue open to applicants rejected under the Canadian Immigration Act is the right to apply on Humanitarian and Compassionate (H&C) grounds for permanent residence. The application would take into account the respondent's establishment in Canada, the strength of family ties, and the hardship he or she may suffer if removed from Canada. Applications on H&C grounds are made outside the usual channels of immigration and could potentially be an outlet for people who otherwise will be removed from the country.

 

Legal Representation and Support

The process of appeal for refugees can be complex and very overwhelming; hence, it is advisable to have legal counsel. A licensed immigration lawyer or authorized immigration consultant will help prepare a great appeal, create and provide necessary documents, and present during hearings.

In some provinces, legal aid is available for refugees-to wit, free or lowcost legal services are offered to those who cannot afford to hire a lawyer. Professional help can improve your odds of a positive appeal outcome.