What is the Refugee Appeal Division (RAD) and who can use it?

The Refugee Appeal Division (RAD) is a division of the Immigration and Refugee Board (IRB) that hears appeals from refugee claimants whose claims were refused by the Refugee Protection Division (RPD). Like all IRB divisions, the RAD is a federal tribunal independent of Ontario's court system. If your refugee claim is refused by the RPD, the RAD is typically your first level of appeal before considering Federal Court.

The RAD conducts a paper review of the RPD's decision — it looks at the record from the RPD hearing and the decision. In most cases, the RAD does not hold a new hearing. It can allow the appeal (grant refugee protection), substitute its own decision, or dismiss the appeal. The RAD may allow new evidence in specific, limited circumstances set by the rules.

Not all claimants have access to the RAD. Those whose claims were found manifestly unfounded or clearly fraudulent, or those from designated countries of origin, may face restrictions on RAD access, though these rules have changed over time. If your RAD appeal is dismissed, the next step is typically judicial review at the Federal Court, which requires leave and has a higher bar. Understanding your deadlines from the moment of the RPD refusal is critical. A lawyer can advise on whether an RAD appeal or Federal Court is the stronger next step.