My refugee claim was denied. Can I appeal?
Question & AnswerMy refugee claim was denied. Can I appeal?
5. Get a decision
The Refugee Appeal Division (RAD) can:
- find a mistake in the Refugee Board's decision and send your refugee claim back to a different Refugee Board Member for a new hearing,
- disagree with the Refugee Board's decision and make its own decision, or
- agree with the Refugee Board's decision that rejected your refugee claim.
The RAD might send your refugee claim back to the Refugee Board for a new hearing with a different Board Member. You will receive a Notice with the date of the hearing. It might take some time before a new hearing is scheduled.
Make its own decision
The RAD can disagree with the Refugee Board's decision and make its own decision that you're a Convention Refugee or a . You will have status in Canada. You should:
- apply for status
- start the process to bring immediate family members to Canada
- apply for a health card under the Ontario Health Insurance Program (OHIP)
- apply for a Travel Document for Convention refugees
Agree with the Refugee Board decision
The RAD might reject your appeal and agree with the Refugee Board's negative decision. This means the conditional that was made when you first made your refugee claim will become enforceable 15 days after you're notified of the RAD's decision. The Canada Border Services Agency (CBSA) can start the process to remove you from Canada if you don't leave within 30 days. You should get legal help right away if your appeal is negative.
You can usually apply to the Federal Court for a judicial review of the RAD's decision. If you file this application on time, your removal order will be stopped.
Or you might be able to apply to stay in Canada on humanitarian and compassionate grounds.
If you plan to leave Canada, you should get legal advice and arrange to leave within 45 days after receiving a negative decision from the RAD, or from the Federal Court if you applied for judicial review.
If you haven't been removed from Canada within one year of the RAD's decision or one year from your application to ask for judicial review of the RAD decision, you will be eligible for a Pre-Removal Risk Assessment.