Appeal

Procedures And Practice notices

While each division of the IRB is responsible for making decisions on various immigration or refugee concerns, they all follow a similar, though less formal, administrative tribunal procedure to that of a court. The procedure is adaptable and can take numerous forms as long as the IRB makes well-informed, timely, and equitable judgments. The process of the IRB tribunal is founded on Canadian law, international responsibilities, and humanitarian traditions.

Filing an Appeal

You must file a notice of appeal with the RAD within 15 days* of receiving the written reasons for the RPD judgement in order to start an appeal. Three copies of your notice of appeal must be sent to the RAD Registry in the regional office that issued your RPD decision.

Your notice of appeal can be delivered, mailed, or faxed to the IRB regional office that sent the initial refugee decision.

Timelines for filing an appeal

The following time limits apply to your appeal:

• You must file your notice of appeal no later than 15 days after receiving the RPD decision’s written reasons.
• You must file your appellant’s record no later than 30 days after receiving the RPD decision’s written reasons.
• The RAD will take 15 days to make a decision on your appeal unless a hearing is requested.
• Before the RAD reaches a final judgement on the appeal, the Minister may opt to intervene and present documentary evidence.
• The RAD will wait 15 days for you to respond to the Minister and the RAD if the Minister decides to intervene and furnish you with submissions or evidence.
• The RAD will make a decision on your appeal once you have responded to the Minister and the RAD, or if 15 days have elapsed and you have not responded.

What happens if I do not meet a deadline?

If you miss the deadline for filing the notice of appeal or the appellant’s record but still wish to pursue the appeal, you must file a request for a time extension.

Rule 6 (Application for extension of time to file or perfect) and rule 37 (How to make an application) of the RAD Rules must be followed when making an application for an extension of time. With your application, you must provide three copies of your notice of appeal and two copies of your appellant’s record. You must also provide a declaration of facts or solemn statement explaining why the deadlines were missed.

You have arrived at the right place. If you want to challenge the denial of your application, please contact us.