- The RPD, part of the Immigration and Refugee Board, hears refugee claims and decides whether the claimant meets the legal definition of a refugee or a person in need of protection.
- Most refused claimants have a route to challenge an RPD decision, though the available route and its deadlines vary depending on the specifics of the claim (including how and when it was…
- Even after (or instead of) challenging the RPD decision itself, a person may have other avenues, each running on its own separate and restricted timing: - A Pre-Removal Risk Assessment…
A negative decision from the Refugee Protection Division (RPD) is frightening, but it is rarely the final word — and it is almost never the same day as removal. Between a refused failed refugee claimant decision and an actual removal from Canada, there are usually several distinct stages, each with its own recourse and its own deadlines.
Knowing the general shape of that path helps you understand what is happening to your file and what decisions need to be made quickly. This is a general overview, not a substitute for reviewing your own decision letter and file history with a professional — the exact stages that apply to you depend on your specific claim.
Stage 1 — The RPD Decision Itself
The RPD, part of the Immigration and Refugee Board, hears refugee claims and decides whether the claimant meets the legal definition of a refugee or a person in need of protection. A negative decision means the RPD was not satisfied that protection is warranted based on the evidence and testimony presented.
The written reasons for a negative decision matter — they are what any later recourse will be measured against, so read them carefully and keep them.
Stage 2 — Recourse Against the RPD Decision
Most refused claimants have a route to challenge an RPD decision, though the available route and its deadlines vary depending on the specifics of the claim (including how and when it was made). Broadly, the recourse falls into one of two shapes:
- An appeal within the Immigration and Refugee Board system, where a different division reviews the RPD's decision.
- An application for leave to the Federal Court for judicial review, where the recourse-within-the-Board route is not available or has already been exhausted.
Judicial review is not a rehearing of your claim on the merits — the Federal Court only examines whether the RPD's decision was legally and procedurally sound, and the Court must first grant "leave" (permission) before it will even consider the merits. As of mid-2026, the deadline to apply for leave is 15 days for a matter arising in Canada, or 60 days for a matter arising outside Canada, counted from the day you are notified of the decision — verify this figure before relying on it, since it comes directly from the governing statute and any amendment would change it.
Stage 3 — Other Relief That May Still Be Available
Even after (or instead of) challenging the RPD decision itself, a person may have other avenues, each running on its own separate and restricted timing:
- A Pre-Removal Risk Assessment (PRRA), generally available only after a waiting period following the RPD decision
- A humanitarian and compassionate (H&C) application, a discretionary and exceptional route that is also subject to its own timing restrictions
- In narrow circumstances, a request to defer removal pending resolution of another process
None of these guarantee a different outcome. They are separate legal mechanisms with their own tests, and pursuing one does not automatically pause enforcement action on your file.
Stage 4 — The Removal Order Becomes Enforceable
Once all available recourse has been exhausted — or simply not exercised within the applicable deadlines — the removal order tied to the refused claim becomes enforceable. Canada's immigration system uses more than one type of removal order, and which one applies affects what happens afterward:
| Type of Order | General Effect |
|---|---|
| Departure order | Requires the person to leave Canada within a set period and confirm their departure; if not confirmed in time, it can convert into a deportation order |
| Exclusion order | Bars return to Canada for a period without prior written authorization |
| Deportation order | Bars return to Canada permanently without prior written authorization |
Which order applies in a given case depends on the specific facts and the ground of removal — this is not something to assume based on general reading.
Stage 5 — Canada Border Services Agency (CBSA) Enforcement
Once a removal order is enforceable, the Canada Border Services Agency is generally responsible for enforcing it, including scheduling and, if necessary, arranging travel documents. Depending on the person's cooperation and circumstances, this can involve a scheduled voluntary departure or an enforced removal.
Never assume enforcement will be paused simply because another application is pending. Some applications do not automatically stay (pause) removal — confirm with a professional whether anything currently affecting your file has that effect.
A Quick Checklist If You've Received a Negative Decision
- [ ] Read the written reasons in full and note the decision date
- [ ] Identify which recourse route applies to your claim (Board-internal appeal vs. Federal Court judicial review)
- [ ] Calendar every deadline the moment you know the decision date — don't wait to "think it over"
- [ ] Ask whether a PRRA or H&C application could apply to your situation, and on what timing
- [ ] Get professional advice before assuming any step will pause enforcement
Frequently asked questions
Does a negative RPD decision mean I have to leave Canada immediately?
Not necessarily. Depending on your case, you may have recourse available, and a removal order generally only becomes enforceable once that recourse is exhausted or the deadlines to use it have passed.
Can I stay in Canada while my judicial review application is pending?
Judicial review does not automatically pause enforcement in every case. Whether your removal is affected depends on the specific status of your file and any separate stay request — this needs to be reviewed individually.
What's the difference between an appeal and judicial review?
An appeal (where available) can involve a fresh look at the merits of the decision. Judicial review at the Federal Court is narrower — it examines only whether the original decision was legally and procedurally sound, not whether the Court agrees with the outcome.
If I miss my deadline to challenge the decision, is that the end of the road?
Missing a deadline significantly narrows your options, but it does not necessarily eliminate every avenue — other processes with their own separate timing, such as an H&C application, may still be worth exploring. Speak with a professional as soon as possible if you've missed a deadline.
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