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Refugee Appeals

Refugee Appeals

Certain refugee claimants who have received a negative decision on their refugee claim from the Immigration and Refugee Board are eligible to appeal the decision to the Refugee Appeal Division.

Unlike a hearing in front of the Immigration and Refugee Board, the appeal before the Refugee Appeal Division is paper based. Unlike an application for leave and judicial review at the Federal Court, new evidence can be presented at the Refugee Appeal Division. 

Only certain refugees can appeal their negative decision to the Refugee Appeal Division. Refugee claimants who are not eligible to appeal the refusal of their application to the Refugee Appeal Division include foreign nationals:

  • from a designated country of origin
  • whose claim was determined to be manifestly unfounded claim by the Immigration and Refugee Board
  • whose claim was determined to have no credible basis by the Immigration and Refugee Board
  • who are subject to an exception to the Safe Third Country Agreement
  • who arrived in Canada as part of a designated irregular arrival
  • who withdrew or abandoned their refugee claims
  • whose claim was deemed rejected because of an order of surrender under the Extradition Act
  • with decisions on Pre-Removal Risk Assessment (PRRA) applications 

If a foreign national is not eligible to bring their case to the Refugee Appeal Division, they can still file a request for leave and judicial review with the Federal Court.