You have chosen to retain Pax Law Corporation as your representation for a Refugee Appeal Division (“RAD”) Claim. Our acceptance of your choice is dependent on there being at least 7 calendar days until the deadline to file your RAD claim.
As a part of this service, we will interview you, help you gather relevant documents and evidence, perform legal research on your case, and prepare submissions for and represent you at the RAD hearing.
This retainer is limited to representing you until the conclusion of the RAD hearing. You will need to enter into a new agreement with us if you wish to retain us for any other services.
The following information regarding RAD claims was provided by the government of Canada. It was last accessed and updated on this website on 27 February 2023. The information below is for your knowledge only and is not a replacement for legal advice from a qualified lawyer.
What is an appeal to the RAD?
When you appeal to the RAD, you are asking a higher tribunal (the RAD) to review the decision made by a lower tribunal (the RPD). You must show that the RPD made mistakes in its decision. These mistakes can be about the law, the facts, or both. The RAD will decide whether to confirm or change the RPD decision. It may also decide to send the case back to the RPD for re-determination, giving the directions to the RPD that it considers appropriate.
The RAD generally makes its decision without a hearing, on the basis of the submissions and the evidence provided by the parties (you and the Minister, if the Minister intervenes). In certain circumstances, which will be explained more fully later in this guide, the RAD may allow you to present new evidence that the RPD did not have when it made its decision. If the RAD accepts your new evidence, it will consider the evidence in its review of your appeal. It may also order an oral hearing to consider this new evidence.
Which decisions can be appealed?
RPD decisions that allow or reject a claim for refugee protection can be appealed to the RAD.
Who can appeal?
Unless your claim falls into one of the categories in the next section, you have the right to appeal to the RAD. If you appeal to the RAD, you are the appellant. If the Minister decides to participate in your appeal, the Minister is the intervener.
When and how do I appeal to the RAD?
There are two steps involved in appealing to the RAD:
- Filing your appeal
You must file your notice of appeal to the RAD no later than 15 days after the day on which you received the written reasons for the RPD decision. You must provide three copies (or one copy only if submitted electronically) of your notice of appeal to the RAD Registry in the regional office that sent you your RPD decision.
- Perfecting your appeal
You must perfect your appeal by providing your appellant’s record to the RAD no later than 45 days after the day on which you received the written reasons for the RPD decision. You must provide two copies of your appellant’s record (or one copy only if submitted electronically) to the RAD Registry in the regional office that sent you your RPD decision.
What are my responsibilities?
To make sure the RAD will review the substance of your appeal, you must:
- provide three copies (or one only if submitted electronically) of the notice of appeal to the RAD no later than 15 days after the day on which you received the written reasons for the RPD decision;
- provide two copies (or one only if submitted electronically) of the appellant’s record to the RAD no later than 45 days after the day on which you received the written reasons for the RPD decision;
- make sure that all of the documents you provide are in the right format;
- clearly explain the reasons why you are appealing; and
- provide your documents on time.
If you do not do all of these things, the RAD may dismiss your appeal.
What are the time limits for an appeal?
The following time limits apply to your appeal:
- no more than 15 days after the day on which you received the written reasons for the RPD decision, you must file your notice of appeal.
- no more than 45 days after the day on which you received the written reasons for the RPD decision, you must file your appellant’s record.
- Unless a hearing is ordered, the RAD will wait 15 days before making a decision on your appeal.
- The Minister may decide to intervene and submit documentary evidence at any time before the RAD makes a final decision on the appeal.
- If the Minister decides to intervene and to provide submissions or evidence to you, the RAD will wait 15 days for you to reply to the Minister and the RAD.
- Once you have replied to the Minister and the RAD, or if 15 days have passed and you have not replied, the RAD will make a decision on your appeal.
Who will decide my appeal?
A decision-maker, called a RAD member, will decide your appeal.
Will there be a hearing?
In most cases, the RAD does not hold a hearing. The RAD usually makes its decision using the information in the documents that you and the Minister provide, as well as the information that was considered by the RPD decision-maker. If you believe that there should be a hearing for your appeal, you should ask for a hearing in the statement you provide as part of your appellant’s record and explain why you think a hearing should be held. The member may also decide that a hearing is needed in specific circumstances. If so, you and the Minister will receive notices to appear for a hearing.
Am I required to have counsel represent me in my appeal?
You are not required to have counsel represent you in your appeal. However, you may decide that you want counsel to help you. If so, you must hire counsel and pay their fees yourself. Whether or not you hire counsel, you are responsible for your appeal, including meeting the time limits. If you miss a time limit, the RAD may decide your appeal without further notice.