The Refugee Appeal Division (RAD) reviews certain negative refugee decisions made by the Refugee Protection Division. RAD appeals are primarily based on legal arguments, errors in the decision, and in some cases new evidence that was not reasonably available at the time of the original hearing.
At Fouad Legal, we provide clear, professional legal guidance to individuals seeking to appeal a refused refugee claim before the Refugee Appeal Division, helping them understand eligibility, timelines, and appeal strategy.
What the Refugee Appeal Division Is
The Refugee Appeal Division is a division of the Immigration and Refugee Board of Canada that reviews decisions of the Refugee Protection Division. The RAD does not conduct a full rehearing but examines whether the original decision was legally or factually incorrect.
Strict deadlines apply to RAD appeals, and not all refugee claimants have a right of appeal. Determining eligibility is a critical first step.
Who This Applies To
RAD appeals may be available to individuals who:
✓ Received a negative decision from the Refugee Protection Division
✓ Are eligible for an appeal under Canadian law
✓ Believe the decision contains legal or factual errors
✓ Have new evidence that could not reasonably have been presented earlier
✓ Are unsure whether RAD or Judicial Review is appropriate
A consultation can help confirm appeal rights and determine the proper course of action.
Where RAD Appeals Commonly Go Wrong
Refugee Appeal Division cases often fail due to issues such as:
✓ Missing strict filing deadlines
✓ Submitting evidence that does not meet RAD requirements
✓ Attempting to reargue facts without legal grounding
✓ Weak identification of errors in the RPD decision
✓ Poorly structured written submissions
✓ Confusing RAD appeals with Judicial Review
Precision and legal focus are essential in RAD matters.
Our Strategic Approach
RAD appeals require disciplined legal analysis and strong written advocacy. Our approach focuses on clarity, structure, and legal relevance.
This includes:
✓ Reviewing the RPD decision for appealable errors
✓ Assessing eligibility and appeal timelines
✓ Identifying admissible new evidence, where applicable
✓ Preparing structured and focused written submissions
✓ Providing guidance throughout the RAD process
Each appeal is assessed individually based on the decision and applicable law.
What Evidence Matters
RAD appeals rely primarily on the record and written submissions. Evidence may include:
✓ Refugee Protection Division decision reasons
✓ Hearing transcripts, where available
✓ New evidence meeting RAD admissibility standards
✓ Country condition documentation
✓ Legal authorities and supporting materials
Careful selection and organization of evidence is critical.
Thinking Beyond the Decision
RAD outcomes can affect access to judicial review, removal proceedings, and future immigration options. How an appeal is prepared may influence long-term outcomes.
Our guidance considers both the immediate RAD appeal and potential next legal steps.
Start With a Consultation
If you have received a negative refugee decision and are considering an appeal to the Refugee Appeal Division, a consultation can help clarify eligibility, deadlines, and strategy.
What to Expect
During your consultation, one of our staff will carefully review your situation, explain the applicable law, and outline your options. We believe in providing honest, clear advice so you can make informed decisions.
Personalized assessment of your case
Clear explanation of your options
Honest evaluation of success likelihood
Detailed overview of costs and timeline
No obligation to proceed
Consultation Options
Video Conference
Connect with us from anywhere via secure video call.
Phone
Discuss your case over the phone at a time that suits you.
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