Refugee Claim Refused? The Refugee Appeal Division (RAD) Process Explained

A refusal from the Refugee Protection Division isn't necessarily the end of the road. For most claimants, the next step is an appeal to the Refugee Appeal Division (RAD) — a different body, with a different process, from the hearing you just went through. Understanding how a RAD appeal actually works, and how it doesn't work like a second hearing, helps you make better decisions quickly, which matters because the window to act is short.

What the RAD Is

The RAD is a separate division of the Immigration and Refugee Board (IRB) from the RPD. Where the RPD makes the first decision on a refugee claim, the RAD reviews that decision on appeal. It's an internal appellate body, not a court, though a further and more limited recourse — judicial review at the Federal Court — can sit beyond it, which we touch on below.

How a RAD Appeal Differs From Your RPD Hearing

The most important thing to understand is that a RAD appeal is generally not a new hearing. In most cases:

• There's no live oral hearing — the RAD reviews the existing record: the RPD's reasons, the transcript, and the evidence that was before the RPD.
• New evidence is limited — you generally can't simply add evidence you already had and chose not to submit at the RPD stage.
• An oral hearing is only held in narrower circumstances, generally tied to new evidence that raises a serious question about credibility central to the RPD's decision.

What the RAD Can Decide

After reviewing the case, the RAD generally has a few possible outcomes.

Deadlines Are Short and Strict

RAD appeals run on tight, firm deadlines for both filing the initial notice of appeal and later perfecting the appeal record with your written arguments. Exact current deadlines should be confirmed the moment you receive a negative RPD decision — don't wait to find out, because missing a RAD deadline can close off the appeal entirely.

If the RAD Also Refuses

A RAD refusal doesn't automatically mean there's no recourse left, but the remaining option — an application for leave to the Federal Court for judicial review — is narrower still. Leave, meaning the court's permission, must be granted before the merits are even considered, and judicial review looks at whether the decision was legally and procedurally sound, not simply whether the court would have decided differently. As of mid-2026, the deadline to apply for leave is short: 15 days for a decision made inside Canada and 60 days for one made outside Canada, running from when you're notified of the decision — figures like this change, so verify the current deadline the moment you have a decision in hand rather than relying on this article months later.

What to Do in the Days After a Refusal

The period right after a negative RPD decision is not the time to wait and think it over. Generally useful steps include:

• [ ] Read the written reasons carefully, or have someone review them with you, to understand exactly why the claim was refused.
• [ ] Confirm immediately whether your case falls into one of the categories excluded from a RAD appeal — see our companion article on who cannot appeal to the RAD.
• [ ] Calendar the notice-of-appeal and record-perfection deadlines the moment you have them confirmed, rather than estimating.
• [ ] Start gathering any genuinely new evidence right away, since what qualifies is limited and time-sensitive.
• [ ] Get advice on next steps before the deadline pressure narrows your options.

Frequently asked questions