When a refugee claim is refused in Canada, it can feel like the end of the road. But in many cases, it’s just the beginning of another stage of legal action. Understanding your rights, appeal options, eligibility, and time-sensitive deadlines is crucial to protecting your ability to remain in Canada while your case is pending.

This guide explains what a refusal means, outlines the available appeal options, and discusses how a legal representative can help strengthen your chances of success.

Why Are Refugee Claims Refused in Canada?

Refugee claims in Canada are decided by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). A refusal may happen for many reasons, including:

Credibility Concerns

Inconsistent testimony, incomplete details, demeanor, or contradictions between your statements and evidence can lead to findings against your credibility.

Insufficient Evidence

The RPD may find that you did not provide enough documentation or corroboration to meet the legal burden of proof.

State Protection

If the RPD believes your home country can adequately protect you, your claim may be denied.

Internal Flight Alternative (IFA)

If the RPD decides you can safely relocate to another part of your home country, the claim may be refused.

Exclusion or Inadmissibility

Under Article 1F of the Refugee Convention or IRPA security/criminality provisions, some individuals may be excluded from refugee protection.

A refusal is serious — but it does not automatically end your chance to stay in Canada. The next steps depend on your eligibility and the specific legal pathway available to you.

What Appeal Options Do You Have?

Depending on the type of refusal and your personal circumstances, you may have two primary options:

1. Refugee Appeal Division (RAD)

If you are eligible, the first and most accessible appeal route is the Refugee Appeal Division. Through the RAD, you may challenge the RPD’s decision by demonstrating that it contains errors in fact, law, or both. RAD appeals are typically decided on written submissions without an oral hearing.

Although new evidence may be submitted, this is only permitted in limited circumstances under IRPA section 110(4). The evidence must be new, credible, material, and something you could not reasonably have provided at the original hearing.

However, not everyone can appeal to the RAD. Individuals found inadmissible on grounds such as serious criminality, terrorism, or organized crime are not eligible. Claims that were withdrawn or declared abandoned, or certain older claims decided under previous legislation, may also fall outside RAD jurisdiction. A case-specific review is necessary to determine eligibility.

If the RAD allows your appeal, it may grant you protected person status, order a new hearing before the RPD, or in some cases, substitute its own decision and allow the claim outright.

2. Judicial Review at the Federal Court of Canada

If you are not eligible for a RAD appeal or if the RAD has already dismissed your appeal, you may seek judicial review at the Federal Court. Judicial review is not a new hearing. The Court does not reassess your case or accept new evidence, except in very rare procedural circumstances. Instead, it examines whether the RPD or RAD decision was made reasonably and fairly.

Judicial review involves a two-step process: applying for “leave” (permission) from the Court and, if leave is granted, presenting written arguments and oral submissions before a judge at a hearing. It is a technical legal process that requires careful drafting, strict compliance with court rules, and specialized legal argumentation.

Importantly, filing for judicial review does not automatically stop your removal from Canada. If you are facing deportation, your lawyer must file a stay motion, which the Court must approve to prevent removal during the review.

Critical Deadlines You Must Not Miss

Timing is everything after a refusal. Missing a deadline could permanently lose your right to appeal.

For RAD appeals, you must file a Notice of Appeal within 15 days of receiving your RPD decision. You then have to “perfect” the appeal by submitting full written arguments and evidence. This deadline is either 30 days from filing the Notice or 45 days from receiving the written reasons — whichever is later.

For judicial reviews, most inland decisions must be challenged within 15 days of receipt. If the decision was made outside Canada, the deadline extends to 60 days, although this is rarely relevant in refugee matters. Extensions of time may be possible in exceptional circumstances, but you must demonstrate a continuing intention to appeal, lack of prejudice to the Minister, a reasonable explanation for the delay, and arguable grounds.

Does an Appeal Stop Your Removal from Canada?

This is one of the most common questions claimants ask.

Filing a RAD appeal provides an automatic stay of removal, meaning you cannot be removed from Canada until the RAD issues a decision, except in certain exceptional cases.

Judicial review does not provide this protection. If you file for judicial review, removal enforcement continues unless you obtain a formal stay order from the Federal Court.

Other Options After a Refused Claim

Some claimants may still have pathways available even after losing at the RAD or Federal Court. Depending on eligibility and circumstances, you may be able to apply for a Pre-Removal Risk Assessment (PRRA) to present new risk information, submit a Humanitarian and Compassionate (H&C) application based on establishment and hardship factors, request a deferral of removal from CBSA, or apply for a Temporary Resident Permit in urgent cases. These options are highly fact-specific and should be assessed by an experienced practitioner.

Even if your appeal is unsuccessful or unavailable, you may still have options:

1. Pre-Removal Risk Assessment (PRRA): Allows you to present new and previously unavailable risk information before removal if you become eligible.
2. Humanitarian & Compassionate (H&C) Application: Considers establishment, hardship, family ties, and the best interests of children despite a refused refugee claim.
3. Temporary Resident Permit (TRP): Provides short-term legal status in exceptional situations where removal would cause disproportionate hardship.
4. Deferral Request to CBSA: Seeks temporary postponement of removal when immediate deportation would create unreasonable or unsafe circumstances.
5. Stay Motion at the Federal Court: Temporarily stops removal while a judicial review or related process is pending, if granted.

A lawyer can assess which options apply to your situation.

How Legal Representation Helps You Succeed

Refugee appeal work involves complex legal principles, strict filing requirements, and precise arguments. A successful appeal often depends on identifying errors in the RPD decision, presenting persuasive written submissions, evaluating the strength of new evidence, and managing procedural steps within extremely tight timelines.

Self-represented claimants often struggle with these demands, which can jeopardize their appeal. This is where an immigration lawyer can help you. With professional legal assistance, you significantly improve your chances of presenting a strong, well-supported case.

What Happens if Your Appeal Is Successful?

A successful RAD appeal or judicial review can change the course of your life in Canada. Depending on the type of appeal, your case may return to the RPD for a new hearing or you may be granted protected person status directly. For many individuals, this opens the door to stability, safety, the ability to work freely, and a pathway to permanent residence.

Contact Nihang Law for Immediate Help

If your refugee claim has been refused, acting quickly is essential. Our immigration lawyers at Nihang Law Professional Corporation are experienced in challenging RPD decisions, preparing strong RAD appeals, and managing judicial reviews at the Federal Court. We guide you through each step with clear strategies, detailed submissions, and dedicated support.

A refusal is not necessarily the end of your story. With the right legal partner, you can continue to fight for your safety and future in Canada. Contact our team today to discuss your appeal options.