My refugee claim was denied. Can I appeal?
Question & AnswerMy refugee claim was denied. Can I appeal?
2. Fill out your Notice of Appeal form
You must complete and file your Notice of Appeal form within 15 days of receiving the written negative decision from the Refugee Board.
If you get a verbal decision from the Refugee Board that says your refugee claim is refused, wait until you receive the written reasons before you file your Notice.
Try to find a lawyer to help with your appeal as soon as you find out about a negative decision from the Refugee Board.
If you can’t find a lawyer or other legal representative to help you with your appeal, you should complete the Notice of Appeal and file it before the deadline while you keep looking for a representative. Review the RAD’s Appellant’s Kit and video instructions carefully and follow the important instructions about filing your appeal.
To complete the Notice of Appeal, you must give the following information:
- your name, telephone number, and an address where you can receive documents
- your lawyer’s name and contact information, if you have one
- your unique client identifier (UCI) 8 or 10 digit number
- your RPD file number
- the date of the decision you’re appealing
- the date you received the written reasons in the mail
- the official language you would like to use in your appeal (English or French)
- the name and contact information of your designated representative at your refugee hearing, if you had one
If your family members are appealing with you, you must list them on your Notice or each member must complete their own Notice. If you’re the designated representative for your minor children, you will sign and date the Notice on their behalf.
Mail, hand-deliver, or fax three copies of your Notice to the RAD registry listed in your appellant’s kit. It’s a good idea to use registered mail so you have proof that it was delivered. If you hand-deliver your Notice, the registrar will stamp your copy as proof it was delivered. If you send it by fax, get a confirmation receipt as proof.
Keep the original Notice of Appeal form.
If you miss the deadline to file your Notice of Appeal, you will have to include an application for an extension of time when you file it.
Because your Appellant’s Record is due 30 days after you received the written negative decision, you usually need to file your Appellant’s Record at the same time that you apply for an extension of time to file your Notice.
You must give reasons and about why you couldn’t file the Notice on time. For example, if you were sick, you should provide a doctor’s note. Be specific and explain what steps you took to try to file on time.
The RAD might not approve your request for an extension of time. If your request isn’t approved, your appeal might be dismissed. If this happens, try to get legal advice about asking to reopen your appeal or asking the Federal Court to review the decision denying your request for an extension.