NAVIGATING THROUGH THE REFUGEE APPEAL PROCESS Supported by

Refugee Appeal Division (RAD) The RAD is the tribunal to which most refugee claimants can appeal if the RPD rejects a claim for refugee protection. The RAD and the RPD are separate divisions of the immigration and Refugee Board of Canada The RAD is independent of the RPD www.fcjrefugeecentre.org

Who can’t appeal? s. 110(2) IRPA Several applicant groups barred access to RAD: Designated Foreign Nationals No Credible Basis (NCB) or Manifestly Unfounded (MUC) Safe Third Country Agreement Claim withdrawn or abandoned Claim referred to RPD before December 15, 2012 In July 2015, the Federal Court Struck down the Canadian government’s ruling that refugees from DCOs cannot apply for an appeal to the RAD, stating that was unconstitutional

How to appeal to the RAD There are 2 steps: 1- filing your notice of appeal form 2- filing the appellant's record

STEP 1: Notice of Appeal Be filed no later than 15 calendar days after you received the written reasons. Provide 3 copies of your Notice of Appeal (by mail, currier, fax or by hand) Indicate the name of every person who is included in your appeal in the Notice of Appeal

STEP 2: Filing Appellant’s Record You must file your Appellant's record no later than 30 calendar days after you received the written reasons of the RPD decision Provide 2 copies to the IRB office that rendered your RPD decision

STEP 2: Filing Appellant’s Record Documents you have to include: RPD Notice of Decision and written Reasons Transcript you want to relay on Statement and new evidence Memorandum: if you have new evidence explain why it was not available or why did not submit it to the RPD . Also include any argument you want to make

Conceptual Changes to Refugee Policy Judicial Review is still available, but there is no stay of removal for DCO or DFN claimants

Pre-Removal Risk Assessment Under the new system, the access to the PRRA will be as follows: Applicants are NOT eligible for the PRRA for one year (12 months): following a final negative refugee claim decision by the IRB (rejection at the RAD, or at RPD if applicants did not go to the RAD or a negative PRRA decision. The ban on PRRA application is extended to 36 months if applicants are from a Designated Country of Origin (DCO).

THANK YOU FCJ Refugee Centre