3. File your evidence and legal argument

You should have a lawyer or licensed representative prepare your Appellant's Record. You must file your Record within 45 days of receiving the 's (RPD) written decision.

If you do not file it, the (RAD) will not consider your appeal.

What to include

Your Appellant's Record must include:

your Appellant's Memorandum, meaning your legal arguments
a written statement saying if submitting new , requesting an oral hearing, or need an interpreter

You should also include:

any new supporting documents including your own
any documents the RPD refused to accept
a list of any laws and court decisions you're relying on

An affidavit is a document where a person makes statements about what they know. The person must sign and swear or affirm that the information is true in front of lawyer, paralegal, licensed notary, or another authorized person.

You do not need to submit evidence that was already filed with the RPD.

Legal arguments

Your Appellant's memorandum, clearly explain:

what mistakes the RPD made, for example the Member ignored or misunderstood evidence, applied the law wrong, or the interpretation was poor
where the mistakes are in the written reasons, transcript, or audio recording
how the mistakes affected the outcome of your case,
how your evidence supports your appeal, and
the decision you want the RAD to make. For example, whether you want the RAD to order a new hearing or change the decision

New evidence

If you want the RAD to consider any new evidence, you must show that:

it was discovered after your refugee claim was refused,
it was not available before your refugee claim was refused, or
there is a reason why you could not have been expected to present it before your refugee claim was refused.

Explain in your memorandum how the evidence meets this legal test. If the evidence is not in English or French, include a proper translation and the translator's declaration.

You can request an oral hearing if you have new evidence that meets the legal test. If approved, the RAD sends you a Notice to Appear which has the:

date, time, and location of your hearing
the issues that the RAD will consider

Transcript

You can include a transcript of part or all of your hearing. You can ask the RPD for the audio recording, and have a person who is fluent in both languages transcribe it. They must also make a sworn statement promising that it's accurate.