Lancan Immigration Immigration Consultants

A failed refugee claimant has a right to make an appeal to the Refugee Appeal Division against the decision of the Refugee Protection Division. The appeal must be based on a question of Law, of facts or on a question of mixed law and facts. The time limit for filing a notice of appeal is 15 days after the appellant receives the reasons for the decision. Time limit for perfecting an appeal is 30 days. Perfecting an appeal means filing the appellant's record comprising transcripts, documents, new evidence, case law or a request for a oral hearing if necessary. Following persons cannot appeal to RAD

• person from a Designated Country of Origin (DCO)
• person declared as a Designated Foreign National (DFN)
• person whose claim was referred as an exception to the Safe Third Country Agreement
• person whose claim has been decided by the RPD as manifestly unfounded or as having no credible basis
• person whose claim was withdrawn or declared abandoned
• person whose claim was referred to the IRB before the coming into force of the new refugee protection provisions

In addition, a person cannot appeal to RAD about:

• a decision from a rehearing of a claim that was referred to the IRB before the coming into force of the new refugee protection provisions
• a decision on a Minister's application to vacate refugee protection or on a Minister's application for cessation of refugee protection
• the deemed rejection of a claim because of an order of surrender under the Extradition Act
• a decision on a pre-removal risk assessment (PRRA)

If you require us to represent you in connection with a decision that has be to appealed to RAD please call us or send an e mail to info@lancanimmigration.com