For a refugee appeal in Canada, file your notice of appeal within 15 calendar days after you receive the RPD’s written reasons. File the appellant’s record within 45 calendar days. The regulations say 30 days, but an IRB practice notice in force since September 28, 2020 extends the record deadline to 45 days. Some claims cannot be appealed at all, so check that first.
Key facts
- These rules were checked on October 30, 2026 on laws-lois.justice.gc.ca (laws current to September 30, 2026) and the IRB website (filing page modified January 5, 2024).
- The notice of appeal is due within 15 days after you receive the RPD’s written reasons.
- The appellant’s record is due within 45 days after you receive the written reasons under the IRB practice notice. Days are calendar days.
- The RAD may extend either deadline for fairness and natural justice. A missed deadline requires an extension application with an affidavit or solemn declaration.
- The memorandum in the appellant’s record may be no more than 30 pages one-sided or 15 pages double-sided.
Who can appeal to the RAD?
You can appeal a Refugee Protection Division (RPD) decision to the RAD on a question of law, fact or both, unless a statutory exclusion applies. Check the decision and reasons promptly, because the deadlines run from the day you receive them. If your RPD hearing has not happened yet, see North Vista Immigration’s page on the Refugee Protection Division.
You cannot appeal to the RAD if you are a designated foreign national, withdrew or abandoned your claim, received a “no credible basis” or “manifestly unfounded” decision, or fall within certain claims made under a Safe Third Country Agreement exception. Cessation and vacation decisions also do not have a RAD appeal under IRPA section 110.
These exclusions are not the same as an ordinary refusal on the evidence. The wording of the RPD decision tells you which applies, so read it before you count on an appeal.
Step 1: File the notice of appeal
Start by filing the notice of appeal with the RAD Registry of the regional office that sent the RPD decision. Do this within 15 calendar days after receiving the written reasons.
- Confirm the date you received the RPD’s written reasons.
- Complete the notice with the information required by the RAD Rules.
- Send three copies to the correct RAD Registry, or one copy if filing electronically, as directed by the IRB’s filing an appeal instructions.
- Keep proof of delivery and the documents you filed.
The notice of appeal preserves the appeal process, but it does not complete the appeal. You must also file the appellant’s record by the applicable deadline.
Step 2: Prepare the appellant’s record
The appellant’s record must be filed no more than 45 calendar days after you receive the RPD’s written reasons. This is the extended deadline in the IRB practice notice; the regulation itself states 30 days.
Provide two copies of the record. It must follow the order set out in Rule 3 of the RAD Rules:
- The RPD decision and reasons.
- A transcript, if you rely on it.
- Documents the RPD refused to accept.
- A written statement about any new evidence, hearing request and interpreter request.
- Documentary evidence.
- Legal authorities.
- Your memorandum, limited to 30 pages one-sided or 15 pages double-sided.
Organize the documents in that order. Identify the issues clearly and connect the evidence and legal authorities to the errors you say the RPD made.
What new evidence and hearings can the RAD consider?
The RAD usually decides an appeal without a hearing, using the RPD record. New evidence is limited to evidence that arose after the rejection or was not reasonably available when the RPD rejected the claim.
If you rely on new evidence, include the required written statement explaining it. A hearing is available only in limited circumstances under IRPA section 110(6). A request for a hearing does not mean a hearing will take place.
The RAD can consider issues of law, fact or both. Your memorandum should explain the alleged errors rather than simply repeat the original claim.
What if you missed the refugee appeal deadline?
Apply for an extension as soon as possible. A missed notice or record deadline requires an extension application supported by an affidavit or solemn declaration.
The RAD may extend either deadline when fairness and natural justice require it. The application should explain the missed deadline and address the circumstances relevant to the request. Do not assume that filing late preserves your appeal automatically. The IRB’s practice notice on extending the time to perfect an appeal confirms that the 45-day record period does not change the 15-day notice deadline.
Can you be removed while the appeal is pending?
A removal order for a claimant is conditional. Under IRPA section 49(2), if no appeal is filed and perfected in time, it comes into force on the later of the day after the applicable time limit and 15 days after the rejection notice. After a RAD rejection, it comes into force 15 days after the RAD’s notice.
So, under section 49(2), the order stays conditional while an appeal that was filed and perfected on time is pending. If there is no right to appeal, it comes into force 15 days after the RPD’s rejection notice. Because the deadlines run from the day you receive the reasons, keep your address and representative details current with the IRB so you receive every notice.
After a RAD refusal, you can ask the Federal Court for leave for judicial review within 15 days for a matter in Canada, once appeal rights are used (IRPA section 72). A pre-removal risk assessment (PRRA) or an H&C application has its own bars and timing and is assessed separately. North Vista Immigration has pages on Federal Court matters and a guide to PRRA in Mississauga.
Frequently asked questions
How long do I have to file a refugee appeal in Canada?
You have 15 calendar days after receiving the RPD’s written reasons to file the notice of appeal. You then have 45 calendar days after receiving those reasons to file the appellant’s record under the IRB practice notice in force since September 28, 2020. The regulations state 30 days for perfecting the appeal, but the practice notice extends that period to 45 days.
Who cannot appeal an RPD decision to the RAD?
The RAD does not hear appeals from designated foreign nationals, withdrawn or abandoned claims, “no credible basis” or “manifestly unfounded” decisions, certain claims under a Safe Third Country Agreement exception, or cessation and vacation decisions. These exclusions come from IRPA section 110(2). Read the exact RPD decision and reasons to identify which rule applies.
Does the RAD usually hold a hearing?
No. The RAD usually decides the appeal without a hearing, using the RPD record. A hearing is available only in limited circumstances under IRPA section 110(6). If you request one, your record must include the required written statement. A request alone does not mean the RAD will schedule a hearing.
What should be in the appellant’s record?
The record should contain the RPD decision and reasons, a transcript if relied on, refused documents, a statement about new evidence and any hearing or interpreter request, documentary evidence, legal authorities and a memorandum. The memorandum may be no more than 30 pages one-sided or 15 pages double-sided. Follow the order in RAD Rule 3.
What happens if I miss the RAD deadline?
You need an extension application supported by an affidavit or solemn declaration. The RAD may extend the notice or record deadline when fairness and natural justice require it. The 45-day practice notice applies to perfecting the appeal and does not extend the 15-day notice deadline. Explain the missed deadline and act promptly rather than assuming a late filing is accepted.
If you have just received an RPD refusal, note the date you received the reasons, count 15 days, and gather the decision, reasons and documents. Then book a review through North Vista Immigration’s Refugee Appeal Division page. North Vista is a regulated immigration consultant in Mississauga; it can review your options but cannot promise an outcome.