What is the RAD?

The Refugee Appeal Division (RAD) is the appellate division of the Immigration and Refugee Board that hears appeals from negative RPD decisions. The RAD provides a second-level review of refugee-protection claims, applying a less deferential standard than the Federal Court (which can review RAD decisions for reasonableness).

Most RPD decisions can be appealed to the RAD, with key exceptions for designated country of origin (DCO) claims and certain other categories.

RAD process

1. Notice of Appeal — filed within 15 days of receipt of the RPD reasons.
2. Appellant's Record — filed within 30 days of the Notice of Appeal. Includes the RPD record, written submissions, and any new evidence (with explanation of why it wasn't available at the RPD).
3. Minister's intervention (sometimes) — IRCC/Minister can intervene to defend the RPD decision.
4. Paper-based review — most RAD appeals are decided on the record, without an oral hearing. Oral hearings are held only in specific circumstances (new evidence raises serious credibility issue requiring testimony).
5. Decision — typically 6-18 months after appeal filing. RAD can: confirm the RPD decision, substitute its own decision (positive or negative), or refer the matter back for re-hearing.

RAD eligibility

Most negative RPD decisions can be appealed to RAD. Exceptions include:

• Decisions where the claim was found to have no credible basis or to be manifestly unfounded.
• Designated Country of Origin (DCO) claims pre-2019 — historically not RAD-eligible. The DCO regime was struck down in 2019.
• Withdrawals, abandonments (not on the merits).

RAD vs. Federal Court

• RAD is an administrative appeal — full review by a different IRB Member, can substitute decision.
• Federal Court judicial review is judicial review on the standard of reasonableness — typically requires application for leave (judge decides whether the case can proceed to a full hearing), and can only quash the decision and refer back, not substitute.

For most claimants with a negative RPD decision, RAD is the first appeal route; Federal Court judicial review of a negative RAD decision is the second.

Common gotchas

• 15-day deadline. Strict. Missing it forfeits the RAD route. The clock starts from receipt of RPD reasons, not the date the reasons are signed.
• New evidence. New evidence at RAD must satisfy IRPA s. 110(4) — generally evidence that wasn't reasonably available at the RPD, or that arose after the RPD hearing. Re-arguing the same evidence usually fails.
• No automatic stay. Filing a RAD appeal does not stay removal automatically; the Minister-Counsel may agree to a stay or a separate Federal Court stay motion is required.

Representation

RAD appeals can be handled by RCIC-IRBs (Class L3), immigration lawyers, or — for paper-based submissions — by competent self-represented claimants. Legal Aid coverage continues for most RAD appeals.

See also

• RPD — the first-instance division.
• IRB — the broader tribunal.
• PRRA — pre-removal alternative.