A negative refugee decision does not always mean that all legal options have been exhausted. In many cases, a refused refugee claimant may have a right of appeal to the Refugee Appeal Division (“RAD”).
Gerami Law PC assists clients with refugee appeals, including reviewing Refugee Protection Division (“RPD”) decisions, identifying potential legal and factual errors, preparing written legal submissions, assessing whether new evidence may be introduced, and representing clients before the Refugee Appeal Division.
Refugee appeals are highly technical and subject to strict deadlines. It is important to obtain legal advice as soon as possible after receiving a refusal decision.
Refugee Appeal Division (RAD)
The Refugee Appeal Division reviews decisions made by the Refugee Protection Division to determine whether the RPD made errors in its assessment of the evidence, credibility findings, legal analysis, or application of refugee law.
RAD appeals are generally paper-based appeals. The RAD reviews the written record, including:
- the RPD decision;
- hearing transcripts;
- documentary evidence;
- country-condition evidence; and
- written legal submissions.
In certain circumstances, appellants may also be permitted to submit new evidence that was not reasonably available at the time of the RPD hearing or that arose after the hearing.
The Refugee Appeal Division may:
- confirm the RPD decision;
- substitute its own decision and allow the refugee claim; or
- return the matter to the Refugee Protection Division for a new hearing.
Common Issues in Refugee Appeals
Refugee appeals often involve complex issues, including:
- credibility findings;
- alleged inconsistencies in testimony or documents;
- assessment of country-condition evidence;
- state protection;
- internal flight alternative (“IFA”);
- gender-based persecution;
- political opinion claims;
- religious persecution;
- sexual orientation and gender identity claims;
- procedural fairness concerns; and
- interpretation of refugee law and evidentiary standards.
Gerami Law PC carefully reviews the refugee record to determine whether the decision-maker failed to properly consider the evidence, made unreasonable findings, misunderstood the claimant’s testimony, or applied the wrong legal principles.
Manifestly Unfounded and No Credible Basis Findings
Some refugee claims may be designated as “manifestly unfounded” or found to have “no credible basis.” These findings can have significant consequences, including restrictions on appeal rights and future immigration options.
These findings are intended for exceptional cases and may be challenged where the Refugee Protection Division failed to properly assess the evidence, applied the incorrect legal test, or denied procedural fairness.
New Evidence on Appeal
In some circumstances, the Refugee Appeal Division may consider new evidence. This can include evidence that:
- arose after the RPD hearing;
- was not reasonably available at the time of the hearing; or
- could not reasonably have been expected to be presented earlier.
Determining whether new evidence is admissible requires careful legal assessment and strategic preparation.
How We Can Help
Gerami Law PC assists clients with:
- Refugee Appeal Division appeals;
- review and analysis of RPD decisions;
- preparation of written appeal submissions;
- assessment and preparation of new evidence;
- review of hearing transcripts and documentary evidence;
- legal research and case-law analysis;
- procedural fairness issues; and
- strategic advice regarding refugee protection options and related immigration matters.
Refugee appeal deadlines are strict and missing a deadline may have serious consequences. Early legal advice is important to properly assess the merits of the appeal and preserve available legal options.