Pathway finder
Respond to a refusal: A refugee claim
Deadline
Appeals and court reviews have short deadlines, often 15 to 60 days from the day you receive the decision. Call early.
Routes people usually look at
1
An appeal to the Refugee Appeal Division (RAD)
If you are allowed to appeal. Not every claimant is.2
A Federal Court review
You can ask the court to review a decision of the Refugee Protection Division (RPD) when there is no RAD appeal. You can also ask it to review a RAD decision.3
Other options later
Examples are a pre-removal risk assessment or a humanitarian and compassionate application. These have their own timing rules and limits.
What’s usually involved
- Read the decision and write down the date you got it.
- Check if you can appeal to the RAD.
- File the notice of appeal, and then the appeal record, before the deadlines.
- Prepare written arguments and any new evidence that is allowed.
- If the RAD dismisses the appeal, look at a Federal Court review quickly.
Documents you’ll typically need
Timing
RAD and Federal Court deadlines are short and strict. For the RAD, the notice of appeal is due 15 days after you get the written reasons. The full appeal record is due 45 days after. Contact a lawyer as soon as you get the decision.
Common pitfalls
- Missing the RAD deadline
- Thinking an appeal happens on its own
- Not understanding how a negative decision affects removal
- Waiting for a removal date before getting advice
This is general information, not legal advice about your situation.
Talk it through with Manny
Deadlines are short, so book or call early. Bring this summary. Consultations in English, Punjabi and Hindi.