Appeal Refugee Decision
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If your claim for Refugee Status was rejected and you disagree with the negative refugee decision ,you might be able to file an appeal to the Refugee Appeal Division (RAD) , under specific conditions.
No right to appeal Refugee Protection Claims
If the Refugee Protection Division RPD reject your refugee protection claim, you can not appeal if any of the following apply to you :
  • your refugee protection claim was withdrawn or abandoned.
  • the RPD decision says that your claim has no credible basis or is 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.
  • the Minister made an application to end your refugee protection, and the RPD decision allowed or rejected that application.
  • the Minister made an application to cancel the decision to allow your refugee protection claim, and the RPD decision allowed or rejected that application.
  • your claim for refugee protection was deemed to be rejected under Article 1F(b) of the Refugee Convention because of an order of surrender under the Extradition Act.
  • you are a designated foreign national.
Refugee Appeal Division RAD
When you appeal to the Refugee Appeal Division RAD, you will have the chance to prove that the Refugee Protection Division decision was wrong in fact or law or both, if that is the case.
For the appeal, the RAD allows the introduction of new evidence that was not reasonably available at the time of the Refugee Protection Division process.
Safe third country agreement appeal
On April 15, 2021, the Federal Court of Appeal issued its decision in Canada (Citizenship and Immigration) v. Canadian Council for Refugees, 2021 FCA 72. In its decision, the Federal Court of Appeal allowed the Government of Canada's appeal. This means that the application of the Safe Third Country Agreement at Canadian and U.S. land ports of entry remains in effect.
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