The Refugee Appeal Division (RAD) considers appeals against decisions of the Refugee Protection Division (RPD) that have either allowed or rejected claims for refugee protection.
The time limit for a person or the Minister to file an appeal to the RAD against a decision of the RPD is 15 days after the day on which the person or the Minister receives written reasons for the decision.
No appeal to the RAD may be made in the following situations:
(1) a decision of the RPD in respect of a claim made by a designated foreign national;
(2) a determination by the RPD that a claim was withdrawn or abandoned;
(3) a decision of the RPD rejecting a claim that states that the claim has no credible basis or is manifestly unfounded;
(4) a decision of the RPD in respect of a claim that was referred based on an exception to the Safe Third Country Agreement;
(5) a decision of the RPD in respect of the Minister’s application for a determination that refugee protection has ceased;
(6) a decision of the RPD in respect of the Minister’s application to vacate a decision to allow a claim for refugee protection;
(7) the claim has been deemed rejected because of an order of surrender under the Extradition Act;
(8) a decision of the RPD following a hearing that had been commenced by the CRDD;
(8) a decision of the CRDD made before December 15, 2012;
All failed claimants can still ask the Federal Court to review a negative decision.