Seeking asylum in Canada is a life-changing decision often driven by fear, uncertainty, and the hope for safety. When a refugee claim is denied by the Refugee Protection Division (RPD), it can feel devastating, but the decision doesn’t have to be final. Fortunately, Canada offers the right to appeal through the Refugee Appeal Division (RAD), giving claimants another chance to present their case. At Sunder Law, we specialize in helping individuals navigate the complex refugee appeal process with compassion and expertise.
What Is the Refugee Appeal Process?
The refugee appeal process is a legal mechanism that allows individuals whose refugee claims have been refused by the RPD to request a review of that decision. This review is conducted by the Refugee Appeal Division (RAD), part of the Immigration and Refugee Board of Canada (IRB).
Not everyone is eligible to appeal. For example, individuals from designated countries of origin or those whose cases were declared ineligible by the RPD may not have the right to appeal. However, for eligible claimants, this process provides an important opportunity to challenge errors made in the original decision.
Step-by-Step Guide to the Refugee Appeal Process
1. Receive the RPD Decision
Once your claim is denied, you’ll receive a written explanation of the reasons for refusal. Time is critical from this point onward.
2. File a Notice of Appeal
You must submit a Notice of Appeal to the RAD within 15 days of receiving the written RPD decision. This form confirms your intention to appeal.
3. Submit the Appeal Record
Within 30 days, you must file your complete Appellant’s Record, which includes written arguments and any supporting documents. In some cases, new evidence may be submitted if it was not reasonably available during the original hearing.
4. RAD Review
The RAD typically makes its decision based on the written materials. However, in some circumstances, it may call for an oral hearing—especially if new evidence is introduced.
5. Receive a Decision
The RAD can:
- Allow the appeal and grant refugee protection
- Refer the case back to the RPD for a re-hearing
- Dismiss the appeal
Why Choose Sunder Law for Your Refugee Appeal?
At Sunder Law, we understand the urgency, complexity, and emotional weight of refugee appeals. Since 2017, our team has provided ethical, experienced, and dedicated legal representation to clients across Canada.
Here’s how we support you through the appeal process:
1. Detailed Case Review – We carefully examine the RPD decision for legal or factual errors.
2. Custom Legal Strategy – We prepare compelling written submissions tailored to your specific case.
3. Evidence Preparation – We guide you in gathering new or previously unavailable evidence.
4. Deadline Management – We ensure all forms and documents are filed on time and according to legal requirements.
5. Compassionate Advocacy – We treat every case with dignity, empathy, and a commitment to justice.
Common Questions About Refugee Appeals
Can I stay in Canada while my appeal is pending?
Yes. In most cases, removal from Canada is paused while your appeal is being processed.
What if I'm not eligible to appeal to the RAD?
If you’re ineligible for a RAD appeal, you may still apply for a judicial review at the Federal Court. Sunder Law can help you explore all available legal options.
How long does the appeal process take?
The RAD aims to make decisions within 90 days, but timelines can vary depending on the case complexity.
Final Thoughts
Being denied refugee protection in Canada is not the end of the road. The refugee appeal process offers a critical second chance, one that requires precision, experience, and legal insight. At Sunder Law, we’re here to walk this path with you, fighting for your right to safety and protection.