“Refugee Application Rejected? Act Quickly to Appeal or Change Status”

Refugee Application Rejected

Refugee Application Rejected are migrants who fled their countries of origin to escape persecution or danger and have found asylum in another country. Over time, Canada has been the landing ground for many migrants seeking refugee application rejected from all over the world. However, discriminatory immigration policies have also prevented some asylum seekers in need of protection from entering Canada. 

The IRB-RPD may Refugee Application Rejected your claim for one of the following reasons: 

• They don’t think it’s credible.

• You did not establish your identity.

• You did not provide evidence of a valid need for protection.

• You can be protected by your nation’s government.

• You are a citizen of another nation or reside there.

• You have committed major crimes, war crimes, or crimes against humanity. 

• There is a safe and reasonable place for you to live in your country.

Options if your claim is denied.

There are still methods to become a permanent resident of Canada even if your claim is denied. There are a few options available to you: 

Appeal to the IRB- Refugee Appeal Division (IRB-RAD).

If their claim is denied by the IRB-RPD, most refugee application rejected claimants have the option to appeal (request a review) to the IRB-RAD. You can find out if you can appeal from the IRB-RAD. Seek the assistance of legal counsel.

Why your appeal may not be granted.

An appeal to the IRB-RAD may not be possible if:

The IRB-RPD determined that you did not:

• You entered Canada under the Safe Third Country Agreement.

• You withdrew or abandoned a refugee claim earlier. 

• IRB-RPD revoked your refugee application rejected protection after providing it to you. 

You can seek the Federal Court to examine your claim if you are unable to appeal to the IRB-RAD. Seek legal counsel to consider your options, such as a “constitutional challenge.” Refer to Judicial Review.

Submit your appeal notice.

You must: 

  • Submit a Notice of Appeal form to begin the appeal procedure.
  • Make a list of all the appealers or send out individual notices to each.
  • Send one copy of your notice of appeal by email or mail three copies to the IRB-RAD registry.
  • Once the Notice of Appeal form has been submitted, you will receive an Acknowledgment Letter. It includes the deadline for filing your Appellant’s Record, your IRB-RAD registry office and contact details, and an explanation of what will happen next.

Crucial!

Within 15 days of receiving the IRB-RPD’s decision regarding your claim, you must submit your notice of appeal to the IRB-RAD.

  • Examine the appellant’s record.
  • You should provide an explanation of your disagreement with the IRB-RPD decision in the appellant’s record.

Crucial!

The appellant’s record must be submitted no later than 45 days from the date on which you received the IRB-RPD’s judgment regarding your claim.

To create your appellant’s record, 

you must: 

• Complete an Appellant’s Record form. 

• Adhere to the guidelines in the Appellant’s Guide regarding the documentation and data that are required.

• Please send the following files in the specified order:

  1. The entirety or a portion of the IRB-RPD hearing record. If you decide to proceed in this manner, you will need to get a formal transcript of the tape that you received along with the IRB-RPD ruling. A signed declaration from the person who made the transcript attesting to its accuracy must also be sent.
  2. Any proof that was prohibited by the IRB-RPD before, during, or after your refugee application rejected hearing. Any documents that you used as proof should not be sent. They are in your file already.
  3. A formal declaration clarifying whether the supporting documentations you are submitting are brand-new and was unavailable to you when your claim was denied,
  4. Should you require an interpreter, please specify the language and dialect they speak. Additionally, please indicate whether you would want the hearing to take place at the IRB-RAD or in a different location.
  5. Any more records that strengthen your appeal.
  6. Any law, case law, or additional evidence that supports your appeal.
  7. A brief memo (no more than thirty single-sided pages) outlining the following: 
  • The errors in the IRB-RPD document that you would like the IRB-RAD to examine. 
  • Where these errors can be found in the IRB-RPD document, the hearing tape, or the transcript.
  • Which decision would you like the IRB-RAD to make.
  1. Examine the IRB-RAD Appeal Checklist before to submitting your appellant’s file.
  2. Send two copies of your appellant’s record by mail (or via email) to the IRB-RAD.
Send in your appeal for IRB-RAD.

The IRB-RAD Registry office in the same region as the IRB-RPD Registry office that sent you the decision on your claim is where you must send your appeal paperwork.

Well to know.

Will a hearing be held under IRB-RAD?

Typically, your IRB-RAD appeal will not be heard in court. Based on your documentation, the IRB-RAD decides. A notice to appear will be sent to you if they wish to hold a hearing with you.

And if I miss the deadline for my IRB-RAD appeal?

If the notice of appeal or the appellant’s record are not filed by the deadline, you may request further time.

Request for extension of time to submit an IRB-RAD Appeal.

IRB-RAD Decision

The IRB-RAD Member considering your claim may choose to: 

  1. deny your appeal.
  2. grant you status; or Refugee Application Rejected
  3. return your claim to another IRB-RPD Member for further consideration.

You will receive the IRB-RAD’s verdict and justifications. A copy of the ruling is also sent to the CBSA and IRCC by them.

Should your IRB-RAD appeal be granted?

You can apply for permanent residency and become a protected person if the IRB-RAD grants your appeal.

Should your IRB-RAD appeal be denied?

You will lose your right to remain in Canada after 15 days if the IRB-RAD rejects your appeal. If, after 30 days, you do not depart Canada, CBSA has the authority to deport you. To return to Canada, you will require authorization.

  1. You can request a JUDICIAL REVIEW of the IRB-RAD’s ruling from the Federal Court. You are not required to depart Canada if you complete this on time.
  2. If you have HUMANITARIAN AND COMPASSIONATE reasons for remaining in Canada, you may be entitled to apply.
  3. If the CBSA has not removed you from Canada, you may complete a PRE-REMOVAL RISK ASSESSMENT either within a year of the IRB-RAD’s ruling or within a year of your judicial review refugee application rejected?.
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