I appealed to the RAD and the Minister got involved. What should I do?

If your refugee claim is refused, you might be able to appeal to the Refugee Appeal Division (RAD).

In some cases, the Minister might decide to argue against your appeal. When the Minister gets involved, it is called a Ministerial intervention.

These cases can be complicated so get legal help. Your lawyer or other licensed representative can help you respond.

Ask the RPD for the audio recording of your hearing. You may need it to respond.

Who is the Minister?

Minister can mean Canada's Minister of Immigration, Refugees and Citizenship. They lead Immigration, Refugees, and Citizenship Canada (IRCC).

Minister can also mean Canada's Minister of Public Safety and Emergency Preparedness. They lead Canada Border Services Agency (CBSA).

How the Minister intervenes

The Minister can intervene at any time before the RAD makes their decision about your appeal.

If the Minister gets involved, someone from IRCC or CBSA will represent the Minister. This person is called Minister's Counsel.

Minister's Counsel will send you:

• a Notice of Intervention and
• the documents the Minister plans to use as evidence

Read these documents to know why the Minister is involved.

Why is the Minister involved?

The Minister might intervene because of an exclusion issue. For example, they think you already have protection in another country.

Or the Minister can intervene for other reasons. For example, concerns about your identity or whether your story is believable.

Your response

You have the right to reply to the Minister's documents by submitting a Reply Record.

Within 15 days of getting the Minister's documents:

• send your Reply Record to the Minister, and
• send the same documents to the RAD, along with proof that you sent them to the Minister.

If you miss the deadline, your lawyer or representative can help you include a request for an extension of time.

What goes in the Reply Record?

Your Reply Record includes:

• any additional documents that support your reply that you have not already included in your Appellant's Record
• a list of laws or court decisions you're using
• a memorandum that responds to the Minister's arguments and documents, and refers to your evidence and the law

You can include all or part of a transcript from your refugee hearing that supports your reply. Or you can include a written statement that refers to parts of the audio recording that are relevant. If do this, you also need to provide a statement that the transcript is accurate, signed by the person who made it.

If any documents you want to file are not in English or French, make sure you get them properly translated and include the translator's declaration.