The Refugee Appeal Division (RAD) decided cases regarding the refused refugee decisions of the Refugee Protection Division (RPD). If an individual’s claim is rejected by the RPD, they are able to raise an appeal to the RAD, to assess whether or not the RPD was wrong. In order for the process to go smoothly, it is crucial for all the documents and paperwork to be submitted as per the deadlines outlined. The individual has 15 days from the day they receive the decision of refusal to initiate the appeal process. If this process is not carried out, a removal order may come into force.

The majority of the appeal is paper-based and usually does not consist of an oral hearing, however, one may be called if the RAD believes it is required. The person who is the subject of the appeal may introduce new evidence that wasn’t in the case originally, if the evidence is accepted by RAD, it will consider it while making its final decision. The RAD can refuse the appeal, accept the appeal and send the matter back to the RPD to re-hear, or allow the appeal and replace their decision in the place of the RPD.