The refugee appeals

The Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) is empowered to determine the refugee claims of those foreign nationals who claim refugee status from within Canada. If the RPD rejects a claim, an appeal may be made to the Refugee Appeal Division (RAD) where a decision will be made whether to allow or deny the appeal.

You cannot appeal to the RAD if:

  • You are a designated foreign national (DFN)
  • Your claim is considered to have no credible basis by the RPD
  • Your claim is manifestly unfounded according to the RPD
  • Your claim was either withdrawn or denied because it was abandoned
  • Your claim was referred to the IRB before the new refugee protection provisions were put in place

How to win your appeal

To win any kind of immigration appeal, you need to show that the decision made by the Refugee Protection Division is wrong in law or in fact. Providing adequate documentary evidence is critical in helping you to win your appeal. Always provide copies to the Minister’s counsel as well as the RAD.

All documents must be received at the stipulated dates. Understand your rights during the appeal process and have proper legal counsel by your side to provide the best advice.

Refugee determination involves a complex process of applying a legal definition to facts about country situations that can be interpreted in different ways. Decision-makers do not necessarily come up with the same answer, which can result in serious inconsistencies.


The Matching Process

The refugee appeals

The Resettlement Operations Centre in Ottawa (ROC-O) works with IRCC visa offices abroad to learn about the background and unique needs of government-assisted refugees coming to Canada.

Working closely with IRCC’s regional and local offices, the ROC-O decides which city will best suit each refugee’s needs, based on such things as:

  • the language they speak;
  • where family and friends live in Canada;
  • ethnic, cultural and religious communities in the area;
  • medical needs;
  • availability of settlement services.

Refugees come to Canada fleeing hardship and persecution in search of safety and a chance to start a new life. ROC-O will find a community that will let these people connect with a support network that can help them adjust to life in Canada.

The highest number of government-assisted refugees are resettled in Ontario, followed by Quebec and Alberta.

LGBTQ2 refugees

Canada has a proud history of providing protection to and helping to resettle the world’s most vulnerable groups. That includes those in the lesbian, gay, bisexual, transgender, queer and two-spirit (LGBTQ2) community.

Resettlement cases for those who are persecuted because of their sexual orientation, gender identity, gender expression or HIV status are generally referred to us by:

  • the United Nations Refugee Agency
  • other referral organizations
  • private sponsors

One of the ways we support the LGBTQ2 community is by providing funding support to the Rainbow Refugee Society. The Society works with sponsorship agreement holders to sponsor LGBTQ2 refugees to come to Canada. For example, LGBTQ2 Syrians were among those who were referred and resettled in Canada as part of the #WelcomeRefugees initiative.

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The information provided on this site does not constitute legal advice. For detailed assessment of your situation contact an immigration professional.