If the Refugee Appeal Division (RAD) dismissed your appeal, it means that they agree with the decision of the Refugee Protection Division (RPD). In most cases, the RPD decision stays in place, and you need to act quickly if you want to challenge RAD’s decision.

What does it mean when the RAD dismisses my appeal?

A dismissed appeal means the RAD did not change the outcome of your case. In simple terms, the RAD is saying:

• The RPD’s decision remain the decision; and
• You’re not a Convention refugee or a person in need of protection.

This can be stressful, especially because the next steps often come with tight deadlines.

Can I appeal RAD’s decision?

You can’t appeal RAD’s decision to another tribunal or court.

Instead, the next step is to ask the Federal Court to review RAD’s decision. This is called an Application for Leave and for Judicial Review (ALJR).

What is an ALJR at the Federal Court?

An ALJR is how you ask the Federal Court to look at RAD’s decision and decide whether it made a mistake.

Can I submit new evidence to the Federal Court?

Usually, no.

The Federal Court is not a new refugee hearing. They usually don’t hear your story again from the beginning.

The Federal Court mainly reviews whether RAD’s decision was reasonable and fair based on the record.

However, you may be able to submit new evidence to the Federal Court if there was any type of procedural fairness issue.

What’s the deadline to file the ALJR?

You must file your ALJR within 15 days from the date you receive – or you became aware of – RAD’s negative decision.

What happens if I miss the 15-day deadline?

Missing the deadline can seriously hurt your case.

The most direct consequence this will have is that the Canada Border Services Agency (CBSA) may commence removal proceedings. In other words, the CBSA will interview you and then schedule a date to remove you from Canada.

Though you can file an ALJR after 15 days, it will not automatically stop removal. You may need to bring a motion before the Federal Court to seek an order to stay the removal proceedings.

What does the ALJR process look like?

Here’s what the ALJR process generally looks like:

1. File the ALJR within the deadline and pay the filing fees;
2. Serve and file your Applicant’s Record within the deadline;
3. Review the Respondent’s Record and may consider filing a Reply within the deadline;
4. Wait to hear if the Federal Court grants “leave”;
   1. If “leave” is refused, the process ends;
   1. If “leave” is granted, the case proceeds to a hearing.

If I win at the Federal Court, do I automatically become a refugee?

Generally, no.

If you win, the Federal Court typically does not approve your refugee claim itself. Instead, the Federal Court usually sends the matter back to be decided again (often by a different Member of RAD), with guidance on what went wrong the first time.

How can Kabir & Alam help me after a RAD dismissal?

After a RAD dismissal, the timeline is short and the stakes are high. If we act quickly, we can:

• Review RAD’s decision for errors;
• Advise you on whether a Federal Court case is worth filing; and
• Help you file your ALJR within 15 days, as well as file the Applicant’s Record.

Book a consultation with us today, so we can review your RAD decision and advise you on the best step.

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