Refugee Appeals
If you are a non-citizen who has received a negative decision on your refugee claim in Canada, you have the option to appeal the decision to the Refugee Appeal Division (RAD). At Fortune Law Group, our legal team can provide you with assistance in appealing your refused refugee claim to the RAD. Don’t hesitate to reach out to us if you are considering this legal process. We are dedicated to helping you navigate the complex system and achieve a favorable outcome.
How Does an Appeal To the Refugee Appeal Division Work?
Unlike other types of appeals, refugee appeals typically do not involve a hearing before a Decision Maker, except in certain exceptional situations. Instead, the majority of appeals at the Refugee Appeal Division are conducted through a paper application process. While a hearing can be requested, it is not a common occurrence in these cases.
Who Cannot Make an Appeal To the Refugee Appeal Division?
Refugee claimants must meet specific criteria in order to appeal a negative decision made by the Refugee Protection Division. If you fall into any of the following categories, you will not be permitted to make an appeal:
- You have been designated as a foreign national.
- You withdrew or abandoned your refugee claim.
- The RPD decision found that your claim lacked credibility or was manifestly unfounded.
- You made your claim at a land border with the United States, and the claim was referred to the RPD as an exception to the Safe Third Country Agreement.
- Your refugee protection claim was rejected under Article 1F(b) of the Refugee Convention due to an order of surrender under the Extradition Act.
If you are unable to access the Refugee Appeal Division, you may still be able to seek redress by applying for Leave and Judicial Review at the Federal Court of Canada.
Fortune Law Group Can Help You Prepare and File Your Appeal To the Refugee Appeal Division
If you are in need of assistance in filing and submitting your application to the Refugee Appeal Division, our team of knowledgeable immigration lawyers is here to help. We also provide guidance for those who are unable to file an appeal and require a leave and judicial review. Whether you have questions about the process or need legal representation, we are available to support you in making informed decisions. Contact us today to discuss your unique situation and explore the best options available to you.
Contact us for a Consultation About your Desire to Immigrate to Canada
Don’t put your immigration process on hold. Reach out to us for a consultation to discuss your specific needs and desires to immigrate to Canada. Our team will guide you through the entire process and work towards achieving your desired outcome. To get started, simply call us at +1-236-880-6826 or click the button below to fill out our online form and one of our representatives will be in touch with you shortly.
FAQs
A refugee appeal is a legal process that allows an individual who has had their refugee claim denied to appeal the decision to the Refugee Appeal Division (RAD).
If your refugee claim is denied, you have the option to appeal the decision to the RAD within a specific timeframe.
You have 15 days from the date of receiving the negative decision to file a Notice of Appeal with the RAD.
Yes, you can apply for a work permit while your refugee appeal is pending. However, you must meet certain requirements and submit an application for a work permit.
If you have received a negative decision on your refugee claim and have not filed an appeal or your appeal has been dismissed, you may be at risk of removal from Canada.