What happens if the Refugee Protection Division refuses your claim?

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Kabir & Alam Lawyers

If the Refugee Protection Division (RPD) refuses your refugee claim, it means the RPD decided that you are not a Convention refugee or a person in need of protection under Canadian law.

A refusal can be overwhelming, but it’s important to know that a refusal does not always mean the end of the road.

Why was my claim refused?

Refugee claims are usually refused because the RPD found that,

  • Your story was not credible;
  • There was not enough evidence to support your fear of persecution;
  • You could safely live in another part of your country; or
  • The RPD believes your country conditions do not support your claim.

Each decision is different, and the exact reasons are explained in the written refusal decision.

What options do I have after a refusal?

After an RPD refusal, your options may include:

  • Appealing the decision to the Refugee Appeal Division (RAD), if you’re eligible; or
  • Applying for judicial review at the Federal Court.

Which option is available depends on your situation, your county of nationality, and how your claim was processed.

Can I appeal to RAD?

Not everyone has the right to appeal to RAD.

Generally, you may not have the right to appeal to RAD if,

  • You’re a designated foreign national;
  • The RPD found your claim to be manifestly unfounded;
  • Your claim for refugee protection was deemed to be refused under Article 1F(b) of the Refugee Convention due to an order under the Extradition Act; or
  • You made a claim at a land border with the United States, and the claim was an exception to the Safe Third Country Agreement.

Will I be removed from Canada right away?

Not always.

However, once your refugee claim is refused, removal becomes a real risk. In some cases, enforcement steps can begin quickly, especially if no appeal or court application is filed on time.

How can Kabir & Alam help me after refusal?

After a refusal, timing and strategy are critical. We can,

  • Review your refusal decision;
  • Explain what options are available to you; and
  • Help you decide the best next step before deadlines expire.

Book a consultation with us today, so we can help you move forward.

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