5. Respond if the Minister appeals to the RAD

Sometimes the Minister gets involved at the Refugee Appeal Division (RAD).

If the Refugee Protection Division (RPD) refused your refugee claim and you appeal, read: I appealed to the RAD and the Minister got involved. What should I do?

If the RPD approved your claim, the Minister can appeal. The Minister must:

• file a Notice of Appeal within 15 days of getting the RPD's written decision
• send you a copy.

If this happens, get legal help right away.

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

What the Minister files

The Minister has 45 days after the Notice of Appeal to file an Appeal Record.

This package includes:

• evidence
• legal arguments

Your response

Within 15 days of getting the Minister's package, you must:

• send your Notice of intent to respond and Respondent’s Record to the Minister
• send the same documents to the RAD, with proof you sent them to the Minister

If you miss the deadline, include an Application for an Extension of Time explaining the delay.

If the Minister files more documents later, you can respond to those within 15 days.

What goes in the Respondent’s Record?

This is your response to the Minister's arguments.

Your Record is a package of documents that may include:

• an affidavit explaining why you should keep your refugee protection
• a memorandum with facts and legal arguments
• a list of laws or court decisions you're using
• any new evidence
• a transcript of the hearing recording, or the parts that support your case

If the Minister filed new evidence, respond to it in your memorandum.

If you provide a transcript, 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.

How the RAD decides

Most of the time, the RAD decides based only on the written record.

If they hold a hearing, the RAD will send you a notice with the date and time.

If you do not respond to the Minister's appeal, the RAD will decide using only:

• the Minister's documents
• the original RPD record

The RAD can:

• dismiss the Minister's appeal and you keep your protected person status,
• allow the appeal, and say you lose protected person status, or
• allow the appeal and send your case back to the RPD for a new hearing, meaning that a different RPD member will decide your protected person status

If you lose

If the RAD allows the Minister's appeal, you may be able to apply for judicial review at the Federal Court.

You must apply within 15 days of when you or your representative is notified of the decision.

Get a lawyer immediately.

If you apply on time, you cannot be removed from Canada while the Federal Court reviews your case.