Refugee Appeal Division
Overview of the Refuge Appeal Division
The Refugee Appeal Division (also referred to as the βRADβ) is a tribunal branch of the Immigration and Refugee Board. The Refugee Appeal Division hears cases regarding refused refugee claims at the Refugee Protection Division. The Refugee Appeal Division allows the claimant or in some cases the Minister the opportunity to prove that the panel at the Refugee Protection Division erred in fact or law or both in making their decision. The appeal is largely paper based and does not generally entail an oral hearing, although the Refugee Appeal Division may call for a hearing if they believe one is required on specific grounds. While the claimant may request an oral hearing, the Refugee Appeal Division is not required to oblige. As noted, if the Refugee Protection Division grants refugee status to an individual, the Minister retains the right to file an appeal to the Refugee Appeal Division if they believe the Refugee Protection Division erred in their decision.
Am I eligible to file an Appeal to the Refugee Appeal Division?
In order to file an appeal to the Refugee Appeal Division, you must be found eligible. Reasons you are ineligible to make an appeal to the Refugee Appeal Division include but are not limited to:
a) If your claim was found to be manifestly unfounded by the Immigration Refugee Board
b) If your claim was found to have no credible basis by the Immigration Refugee Board
c) If you fall under an exception of the Safe Third Country Agreement.
d) If your refugee claim was withdrawn or abandoned
e) If the Refugee Protection Division has allowed the Minister to cease or vacate your refugee status
f) If your refugee claim was rejected because of an order to surrender under the Extradition Act
g) If you made a Pre-Removal Risk Assessment Application and have received a decision on that application.
h) If your claim was started before 15 December 2012
What happens after the Refugee Appeal Division considers my claim?
The Refugee Appeal Division has the power to refuse the appeal, allow the appeal and remit the matter back to the Refugee Protection Division to re-hear the matter or to allow the appeal and substitute their decision in the place of the Refugee Protection Division. The steps before the Refugee Appeal Division are generally as follows:
i) The Refugee Protection Division refuses a refugee claim.
ii) The claimant (or the Minister if they wish to appeal a positive decision from the Refugee Protection Division) files an appeal to the Refugee Appeal Division.
iii) If eligible for appeal, the claimant and, if applicable, the Minister submits written submissions and evidence, including any new evidence that was not reasonably available at the time of the Refugee Protection Division hearing, to the Refugee Appeal Division advocating for an alternate decision.
iv) If no oral hearing is required, the Refugee Appeal Division will review all the submissions and evidence and render a decision.
v) The appeal is refused and a removal order is issued.
OR
vi) The appeal is allowed and remitted to the Refugee Protection Division.
OR
vii) The appeal is allowed and the Refugee Appeal Division grants the application and the claimant receives protected persons status and then applies for permanent residence in Canada.
If you have been granted protected person and permanent residence status, it is important to note that the Government may make an application to revoke or cease your status as a refugee for any of number of reasons, including travelling back to the country of refuge, obtaining and using a passport from the country of refuge, re-establishing yourself in the country of refuge and/or the reasons for which the person sought refuge have ceased. Your refugee status may also be vacated if you have been found to have misrepresented when you made your claim. For more information on refugee cessation and refugee vacation matters, please contact us.
What do to next?
If you want to know if you are eligible to appeal to the Refugee Appeal Division, want to file an appeal to the Refugee Appeal Division or have already filed an appeal to the Refugee Appeal division, and would like assistance, we encourage you to contact Bellissimo Immigration Law Group PC
Contact Us
What Our Clients Say
I recently had the pleasure of working with Bellissimo Law Group to resolve a misrepresentation issue on my permanent residency application, and I cannot recommend them highly enough. From the very beginning, their team was incredibly responsive and attentive, making sure I was informed and comfortable with every step of the process.
Their expertise and dedication were evident throughout my case. They meticulously reviewed all the details, provided clear and professional advice, and guided me through the complex legal landscape with ease. Their support was unwavering, and they always made themselves available to answer any questions or concerns I had.
Thanks to Bellissimo Law Group, my permanent residency application was successfully resolved, and I am now a proud resident of Canada. If you are looking for a law firm that truly cares about their clients and delivers outstanding results, look no further than Bellissimo Law Group.
I highly recommended Bellissimo Law Group for both legal and the process of application for immigration. The team handled my 2 cases brilliantly. They are very knowledgeable and the work and service are outstanding and very professionally done. Viola Gniadek, Christopher Colette and Punya Bagga handled my first case for my nephews and Michelle Boeriu on the second case for my brother. These two cases have been approved. Thank you with all my heart for the job well done. I really appreciate your valuable work and services. I would like to express my deepest gratitude to the team and Belllissimo Law Group.
I scheduled a consultation with Bellissimo Immigration Law Group and was incredibly pleased with how helpful they were. Not one, but two lawyers were on the call to advise me, and they took the time to look into all possible immigration options for me and my family. I had done a lot of research prior to speaking with them, but that consultation made me realize how difficult the process would be without a law firm that keeps up with the frequent policy changes. They offered invaluable advice and I will definitely hire them to create my profile when I have everything together.
Lijing was very knowledgeable and answered all of my questions in great detail. I highly recommend Bellissimo for immigration issues!
Thank you Belissimo Law Group for helping my husband and I navigate through his PR application. Itβs difficult to know who to trust, especially with matters as sensitive and complex as immigration but I am so happy that I made the choice and chose BLG. They not only have an incredible comprehension of immigration law but also a great deal of compassion and consideration for their clients. I truly enjoyed working with them and I feel grateful that there are people out there working hard to make a positive impact on someone elseβs life like they did with mine. Thank you again BLG, I would recommend your services to anyone in the same or similar situations!
On a side note, for people out there who are thinking about hiring an immigration consultant, please talk to a law firm first. Some consultants charge the same or more for their services without needing to have a good comprehension of immigration laws.
I highly recommend Bellissimo Law Group for their exceptional expertise and dedication to immigration law. Their team demonstrates a deep understanding of complex legal matters and provides thorough, personalized guidance throughout the entire process. They are professional, responsive, and committed to achieving the best possible outcomes for their clients. Especially, thanks to Lijing and Shuai for assisting us on our case to achieve great outcome.
any modifications!
Exceptional Legal Support from Bellissimo Law Group β Highly Recommended!
It has been a pleasure working with Bellissimo Law Group. During the challenging times of COVID, I was searching for a trusted lawyer to handle my case but had difficulty finding the right support. That changed when I reached out to Bellissimo Law Group.
From the very beginning, they understood my case and provided expert guidance. My first application involved LMIA, work permits, and extensions, all of which they handled with professionalism and efficiency. With their support, I was able to navigate multiple legal processes successfully, ultimately obtaining my permanent residency in Canada.
Despite delays caused by longer processing times during COVID, the team remained supportive throughout. A special mention to Ms. Lijing Cao and her associates, who managed my applications from start to finish and played a crucial role in securing my permanent status.
I highly recommend Bellissimo Law Group to anyone seeking reliable, professional, and dedicated legal assistance!
I cannot express enough gratitude for the incredible support and expertise provided by Mr Mario and Keely for my dadβs medical inadmissibility case. I retained their law firm after receiving the PFL . From the very beginning, they guided us through the complexities of the immigration process with professionalism, care, and honesty. They not only helped us navigate legal challenges but also provided advice that quite literally saved my dadβs life. They prepared a strong mitigation plan for my dadβs case that worked in our favour. I was particularly impressed by their quick response time and willingness to address any concerns promptly. What sets them apart is their genuine compassion and dedicationβthey truly care about their clients and go above and beyond to make a difference. I would definitely recommend them to anyone with their immigration issues especially for medical inadmissibility.
We would like to thank all the people at Bellissimo Law group for their hardwork and help with our PR file. Mario is professional and the best in providing legal advise.
Special mention to Keely who was working on our file since day 1 and went out of the way to ensure we get our permanent residency. She was empathetic and never missed a single thing in our case.
We would recommend this firm to all people who want legal professional advise.
