What is a Refugee Appeal?
If you have received a negative refugee decision for a Refugee Claim, you may be able to apply for the Appeals Process. This is a process in which, those who disagree with the decision made on their initial Refugee Claim can approach, if they would still like to further pursue Refugee Status.
Who can apply?
Applying for a Refugee Appeal can be a good path if you wish to pursue this status. However, some failed claimants are not eligible to apply.
You may not be allowed to appeal if:
-
- your decision says your claim is without credible basis or is manifestly unfounded
- you arrived in Canada from a land border with the United States
- your refugee claim was started before December 15, 2012
- you are from a designated country of origin (DCO)
- See link for list of countries.
- you are a designated foreign national (DFN)
- your claim was withdrawn or abandoned
There may also be other reasons or circumstances surrounding your case that might prohibit you from applying for an appeal. We recommend contacting us to learn more.
Processing
There are three steps in filing for an appeal, “Filing an Appeal”, “Completing the Appeal”, and “Receiving and Acting on a Decision”.
- Filing an Appeal
- You must file for an appeal no later than 15 days after receiving a written letter on the decision of your Refugee Status.
- No later than 45 days of receiving this letter, you must file a appellant’s record.
- If your file has been approved, you may then move on to the next step.
- Completing the Appeal
- At this step there are a number of documents to be completed for submission to the Refugee Appeal Division (RAD). This must be done within the 40-day time frame set out in the previous step.
- Receiving and Acting on a Decision
- At this point, the appeal is either accepted or rejected.
- If accepted, you can stay in Canada, and you may be eligible to apply for permanent residence.
- If rejected, you may wish to seek leave and judicial review at the Federal Court of Canada.
Legal help
Filing for an appeal is a complicated process, and in such circumstances, it is best to receive legal representation. We can provide you with the services you need to begin the process of appeals. All you have to do is reach out to us through the contact link below, and we will get back to you with one business day.
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