Arshdeep Singh kahlon

The Refugee Appeal Division (RAD) provides a crucial opportunity for failed refugee claimants to challenge negative decisions made by the RPD. Unlike judicial reviews at the Federal Court, the RAD allows for a more comprehensive reconsideration of the case, including the possibility of introducing new evidence under specific circumstances.

At Kahlon Law Office, we understand the critical nature of refugee claims and the impact a refusal can have on individuals seeking protection in Canada. If your refugee claim has been denied by the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB), you may have the right to appeal the decision to the Refugee Appeal Division (RAD). Our firm is dedicated to assisting clients in navigating this complex legal process to ensure their rights are protected and their cases are presented effectively.

Who can appeal to the RAD?

Not all refugee claimants are eligible to appeal to the RAD. You may file an appeal if:

Your claim was denied by the RPD.
You were not designated as a manifestly unfounded claimant (MUC) or a designated foreign national (DFN).
Your case does not involve an exception that precludes an appeal, such as certain security or criminality concerns.

For those who are ineligible for a RAD appeal, a judicial review may still be pursued at the Federal Court.

What are the grounds for filing an appeal?

A refugee appeal is not merely a repetition of the initial claim; it requires identifying errors in law, fact, or procedure made by the RPD. Common grounds for appeal include:

Errors in Fact or Law: The RPD misunderstood or misapplied legal principles or failed to consider critical evidence.
Violation of Procedural Fairness: If your right to a fair hearing was compromised, such as not being given an opportunity to respond to concerns.
New Evidence: In limited cases, new evidence that was unavailable during the initial hearing can be submitted if it meets the required legal standards.

What steps are involved in the appeal process?

Time is of the essence when filing a refugee appeal. The process typically involves the following steps:

Notice of Appeal: A Notice of Appeal must be submitted to the RAD within 15 days of receiving the RPD’s decision.
Appeal Record Submission: Within 30 days, the appellant must provide supporting legal arguments, evidence, and case law to justify the appeal.
RAD Decision: The RAD may decide the case based on written submissions, request further documentation, or in some cases, schedule an oral hearing.

What are the possible outcomes of an appeal?

The RAD may:

Allow the Appeal: Overturn the RPD’s decision and grant refugee protection.
Dismiss the Appeal: Uphold the original decision, in which case further recourse may be available through the Federal Court.
Refer the Case Back: Send the case back to the RPD for reconsideration with specific instructions.

Why choose Kahlon Law Office?

At Kahlon Law Office, we are committed to providing strategic and results-driven representation. Our team thoroughly reviews RPD decisions, prepares persuasive legal arguments, and ensures procedural requirements are meticulously followed. Whether you are appealing to the RAD or considering a judicial review, we offer comprehensive support to strengthen your case.

If your refugee claim has been denied, do not navigate the appeals process alone. Contact Kahlon Law Office today for expert legal guidance and representation tailored to your unique circumstances.

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Refugee Appeal

Who can appeal to the RAD?

What are the grounds for filing an appeal?

What steps are involved in the appeal process?

What are the possible outcomes of an appeal?

Why choose Kahlon Law Office?

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