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Navigating the Appeals Process for Refused Refugee Claims in Canada

If you have recently received a refusal for your refugee claim in Canada, it can be a devastating blow. However, it is important to know that there are options available to you to appeal the decision. This article will provide an overview of the appeals process for refused refugee claims in Canada and the options available to you.

Appealing to the Refugee Appeal Division

If your refugee claim has been refused, you have the option to appeal the decision to the Refugee Appeal Division (RAD) within 15 days of receiving the decision. The RAD is an independent tribunal that will review the decision made by the Refugee Protection Division (RPD) to ensure that it was fair, reasonable and made in accordance with Canadian refugee law.

To appeal to the RAD, you will need to fill out the appropriate forms and provide detailed reasons as to why you believe the decision was wrong. You may also submit new evidence that was not available at the time of your initial hearing. It is important to note that you may only submit new evidence in limited circumstances, such as where it was not reasonably available at the time of the hearing or where it is relevant to a matter at issue in the appeal.

Grounds for Appeal

The RAD will consider several grounds of appeal, including errors of law, errors of fact, and procedural fairness. An error of law may include a misinterpretation of the law or failure to consider a relevant legal issue. An error of fact may include a failure to consider important evidence or a factual mistake in the decision. Procedural fairness may include issues such as bias, natural justice, and failure to consider relevant factors.

Judicial Review

If your appeal to the RAD is unsuccessful, you may have the option to apply for judicial review of the decision to the Federal Court of Canada within 15 days of receiving the decision. Judicial review is a process by which a higher court reviews the decision made by a lower court or tribunal to ensure that it was made in accordance with Canadian law.

When applying for judicial review, you will need to demonstrate that the decision made by the RAD was unreasonable, lacked procedural fairness, or made an error of law. It is important to note that judicial review is not an opportunity to present new evidence, but rather a review of the decision-making process.

Why Hire an Immigration Appeal Lawyer

The appeals process for refused refugee claims can be complex and overwhelming. That’s why it’s important to hire an experienced immigration appeal lawyer who can guide you through the process, prepare your appeal, and represent you before the RAD and in any subsequent judicial review.

An immigration appeal lawyer will ensure that your appeal is based on the strongest legal grounds, that your evidence is presented effectively, and that any procedural fairness issues are addressed. Additionally, an immigration appeal lawyer will be able to assess whether judicial review is appropriate and represent you in this process if necessary.

Conclusion

 

If your refugee claim has been refused, it can be a difficult and stressful time. However, it’s important to know that there are options available to you. By appealing to the RAD and potentially pursuing judicial review, you may be able to have the decision overturned. To increase your chances of success, it’s crucial to hire an experienced immigration appeal lawyer who can guide you through the process and advocate on your behalf.

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