When a refugee claim is refused by the Refugee Protection Division (RPD), claimants generally have two possible paths forward: an appeal to the Refugee Appeal Division (RAD), or judicial review at the Federal Court. These are fundamentally different processes with different timelines, different standards of review, and different outcomes — and choosing correctly, quickly, matters because both routes have strict deadlines.
Refugee Appeal Division (RAD): A Fresh Look at the Merits
An appeal to the RAD is available to most refused claimants, with some exceptions set out in the Immigration and Refugee Protection Act, such as claims deemed manifestly unfounded or designated as having no credible basis. Key features of a RAD appeal:
- The RAD reviews the RPD’s decision on both the facts and the law — it can substitute its own assessment of the evidence, not just check for legal errors
- New evidence can be submitted, but only if it meets specific legal criteria: it must be new (not reasonably available at the time of the RPD hearing), material, and credible
- An oral hearing is only held in limited circumstances, generally when new evidence raises a serious issue about the claimant’s credibility and could justify allowing or rejecting the claim
- The deadline to file a notice of appeal is short — typically 15 days from receiving the RPD’s written reasons, with the full appeal record due shortly after
Judicial Review: A Narrower Legal Challenge
Judicial review at the Federal Court is a different kind of process entirely. It is not a rehearing of the claim; it is a legal challenge to how the decision was made. Key features:
- The Court does not reassess the evidence or substitute its own opinion on the merits — it asks whether the decision was reasonable and whether the process was procedurally fair
- Leave (permission) from the Court is required before a judicial review can proceed; not every application for leave is granted
- If leave is granted and the Court finds the decision was unreasonable or unfair, the usual remedy is to send the matter back for a new decision, not to grant refugee status outright
- The deadline to apply for leave is generally 15 days for decisions made in Canada, and 60 days for decisions made outside Canada
When Judicial Review Applies Instead of RAD
Judicial review becomes the relevant path when a RAD appeal is not available — for example, following certain RAD decisions themselves, or where the RPD refusal falls into one of the categories excluded from RAD appeal. In those situations, judicial review of the RPD or RAD decision is the available recourse, subject to the Court granting leave.
Why the Choice — and the Timeline — Matters
Because RAD appeals and judicial review applications both operate on short, strict deadlines, the first task after a refusal is determining which process is actually available and correctly calculating the deadline from the date reasons were received. Missing a filing deadline can close off recourse entirely, regardless of how strong the underlying case is.
Getting the Right Strategy From the Outset
Because RAD appeals and judicial review require different evidence, different arguments, and different procedural steps, the strategy needs to be set early and correctly. Immisa Immigration assists claimants with refugee claims and appeals, including RAD appeals and coordinating judicial review with legal counsel where the Federal Court route applies.
Next steps
If your refugee claim has been refused and you want to discuss your options, book your consultation below — deadlines are running now.
