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d) If your refugee claim was withdrawn or abandoned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 have consulted with many immigration lawyers. Mario and Hannah were extremely professional, very clear and realistic.
Kanagasabapathy Vijay Kumar
It's been a very good experience working with Bellissimo Immigration Law Group PC. The wealth of experience and professionalism they bring to the table is fantastic. Their professional approach, meticulous planning, their relentless push to get everything they want to compile a flawless submission document was amazing. Overall, they work very hard to get positive results and I am impressed with their services.
Our special thanks to Ms Keely Anderson and Ms Alexandra Goncharova for their efforts and due diligence in pulling together a compelling submission in support of my husbandβs rehabilitation application due to criminal inadmissibility. This was a complex case, refused once because of incompleteness and lack of transparency then put on hold for 2 years due to the covid pandemic. We subsequently reapplied with BLG upon the advice that they were the best. It was a long journey and they donβt come cheap but the result speaks for itself. We were invited to meet with the Reviewing Officer in IRCC London who said the application was so well documented that no questions remained and we were granted approval then and there. Itβs been a 5-year journey but the freedom one feels to be able to travel back and forth with my husband to Canada cannot be underestimated. We are now free to apply for my husbandβs permanent residency for which we will always be grateful to BLG for making it possible. Thank you.
I was immigrating from the United States to Canada. Whole process went very smooth. Viola Gniadek provided me with very clear Instructions and was there any time I had a question to help me through the process. She deserves more than 5 stars! I would recommend this firm to anyone interested in immigrating.
My wife and I worked with Bellissimo Law Group on a very complex spousal sponsorship application. Our relationship started long-distance and lasted three years before we got married, without having met in person. This raised several red flags in the immigration process. From the beginning, we knew we were facing a difficult case that needed serious legal guidance. After doing thorough research, Bellissimo stood out for their experience with complicated immigration cases, and they lived up to that reputation.
Our consultant and main point of contact was Viola Gniadek. She was professional, honest, and very precise. She responded to our concerns whenever something about the case worried us and was always flexible with us in terms of availability. I remember it was during a weekend and she was still double-checking and completing our forms as we had a submission deadline on Monday. You will be lucky to have her handle your case. The firm took time to understand the complexity of our case and worked closely with us over several months to prepare over 300 pages of documentation. What I appreciated most was how careful they were with every word submitted. In immigration law, even one unnecessary detail can be used against you, and Bellissimo knew how to manage that risk with skill and strategy.
With their guidance, we submitted a Temporary Resident Visa (TRV) application, even though they had warned us clearly that, due to the circumstances and the country involved, there was a high chance of refusal. But they also had a plan in place from the start to appeal it if that happened. The TRV was refused, as expected, but we followed through on the appeal. IRCC later offered us a settlement, and our application was reopened. We were given a second chance, and even without much new documentation, the TRV was approved within 15 days of reopening. That moment changed everything.
Thanks to that approval, my wife and I have been together in Canada since March 20. Her spousal sponsorship application was finalized and approved shortly after, but had we not pursued and won the TRV appeal, we would likely still be separated due to delays with passport stamping and processing. That TRV win was a turning point not just legally, but personally.
Later, we were invited for a spousal sponsorship interview, which showed that the officer remained skeptical of our case. Bellissimo helped us prepare thoroughly for the interview, which was a separate legal process with additional fees. But the preparation paid off. After seeing how our TRV refusal had been overturned and how well our case had been built, it would have been very difficult for an officer to justify a refusal at that point. It was clear to them that we were not only committed but had the legal backing to defend ourselves through every stage of the system.
One important thing I want to stress is that just because you can apply on your own does not mean you always should. I have seen people succeed without a lawyer, and I have seen many people fail and remain stuck in the system for years due to refusals or misrepresentation. Legal support is expensive, yes, but you need to consider what is truly at stake. Your future, your time, your peace of mind, and your chance to be with the person you love, these are far more valuable than saving a bit of money upfront.
Also, do not assume that a cheaper option means better value. It might cost less, but if they do not understand the complexity of your case or submit something careless, it could cost you far more in the long run. This is your life. Do not cheap out.
If your case is complicated like ours, Bellissimo Law Group is absolutely worth it. They do not make empty promises. They know exactly what they are doing. I am deeply grateful for their work and recommend them without hesitation. Thank you, Mr. Bellissimo and the entire team.
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!
