The refugee appeal process in Canada is a crucial mechanism that allows individuals to challenge decisions made by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).
Who Can Appeal?
While most rejected refugee claimants have the right to appeal to the RAD, certain circumstances may render individuals ineligible. Unfounded claims, those lacking credible basis, or individuals subject to the Safe Third Country Agreement may face restrictions. Withdrawn or abandoned claims and those with revoked refugee protection status are also ineligible.
The Appeal Process:
The appeal process is predominantly paper-based, with oral hearings being exceptional. The RAD, led by Governor in Council (GIC) appointees, bases its decisions on documents provided and the RPD record. To initiate an appeal, individuals must submit a Notice of Appeal form within 15 days of receiving written reasons for the RPD decision, outlining RPD mistakes, desired RAD decision, and new evidence.
Possible Outcomes:
Upon review, the RAD may grant refugee status, send the case for a new RPD hearing, or dismiss the appeal. Dismissed appeals may be subject to judicial review. While legal representation is not obligatory, it is highly recommended. Lawyers play a crucial role in preparing appeals, identifying legal errors, and presenting strong cases. They also assist individuals in understanding their rights and options.
Why hire AKM Law as your refugee appeal lawyers?
When it comes to the intricate and demanding refugee appeal process, AKM Law emerges as the preferred choice. Specializing in refugee law, the firm's dedicated attorneys bring unparalleled expertise to navigate the complexities of the legal landscape. Their focus on refugee law ensures a nuanced understanding of evolving regulations and precedents, a crucial factor in constructing compelling cases. AKM Law's legal acumen allows appellants to navigate intricate legal frameworks, identify errors, and present robust arguments before the Refugee Appeal Division (RAD). Choosing AKM Law means maximizing your chances of success, as their attorneys offer comprehensive support, from evidence gathering to paperwork, guiding clients through every step of the appeal process. In the realm of refugee law, AKM Law stands as a trusted ally committed to excellence and client success.
