If your refugee claim is denied by the Refugee Protection Division, you may be able to appeal this decision at the Refugee Appeal Division. By doing this, you will have a chance to prove that the Refugee Protection Division has made a mistake in refusing your claim. You will also have a chance to submit new evidence if it was not reasonably available to you at the time of making your claim.
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Timing is key when appealing a refugee decision.
If you decide to make an appeal after receiving a denial of your refugee claim, you must submit a Notice of Appeal no later than 15 days after you have received the written decision. If you have legal representation for your appeal, your counsel will help you in preparing this notice.
If you have submitted your Notice of Appeal, you must now prepare and submit “The Appellant’s Record” no later than 45 days after you have received the written decision. Your legal representation will also help you prepare and submit this important document.
What is the Appellant’s Record?
The Appellant Record includes the decision that you have received from the Refugee Protection Division, the transcript of your hearing, any evidence you wish to submit and your memorandum.
Requesting an extension of time for filing an appeal
If you miss the specified time limits, you must request an extension of time. With this request, you will need to provide an affidavit that explains why you missed the time limits.
The Minister might oppose your appeal.
The Minister might decide to intervene and oppose your appeal. This means that Immigration, Refugee and Citizenship Canada (IRCC), does not believe that the decision to deny your refugee claim was a mistake. The Minister might also submit documents, to which you can respond within 15 days.
Receiving a Decision on your Refugee Appeal
The decision can be any of these three:
- The appeal is allowed and you are granted protected status.
- Refugee Appeal Division could set a new hearing at the Refugee Protection Division.
- The appeal is dismissed. If your appeal is dismissed, you might still be able to apply for Judicial Review.
Receiving a Removal Order after Your Appeal is Rejected
If your appeal is dismissed, you might receive a letter, called “Removal Order”. Talk to a lawyer if you receive this letter.
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