5. Get a decision
Question and answer
My refugee claim was denied. Can I appeal?A (RAD) Member usually decides your appeal based on the written submitted. There's usually no oral hearing. The RAD will send you their decision and written reasons, but this can take months.
If you do have a hearing, the RAD might tell you the decision and reasons at the end. They always send them later in writing as well.
The RAD can:
- find an error in the (RPD) decision and send your case to a different RPD Member for a new hearing,
- disagree with the RPD and decide that you're a Convention Refugee or , or
- agree with the RPD and reject your appeal.
If the RAD sends your claim back to the RPD, you'll receive a Notice to Appear with the date of the new hearing.
If the RAD accepts your appeal and finds you to be a Convention Refugee or a person in need of protection, you will have status and can stay in Canada. Learn what you should do next.
If the RAD rejects your appeal
The RAD may agree with the RPD and reject your claim. If this happens, your conditional becomes enforceable 15 days after you're notified of the RAD's decision. Canada Border Services Agency can remove you from Canada if you do not leave within 30 days.
Get legal advice from a lawyer immediately.
You can usually apply to the Federal Court for judicial review. If you do this within 15 days of when you or your representative is notified of the RAD's decision, your removal order is paused while the Court reviews your case.
You might also be able to apply to stay in Canada on humanitarian and compassionate grounds.
If you plan to leave Canada, get legal advice and arrange to leave within 45 days after receiving a negative decision from the RAD or Federal Court.
If you have not been removed from Canada within one year of the RAD or Federal Court's negative decision, you may be eligible for a Pre-Removal Risk Assessment.