A refugee is a person who flies from their country looking for protection against a possible human rights violation.
Canada is one of the few countries that whole-heartedly welcomes refugees from war zone areas and other places. Currently, there are two refugee protection programs in place: In-Canada Asylum Program and Refugee and Humanitarian Resettlement Program.
Although Canada offers a safe space for refugees, it’s often hard to get refugee status in the country. Refused refugee claims are very common due to various reasons.
In case your refugee claim has been rejected, then here’s what you can do to get a second chance at it.
Appeal to the Refugee Appeal Division (RAD)
The Immigration and Refugee Board (IRB) holds the right to deny the refugee status if they find any discrepancies. Often, the board makes a mistake. If you believe that has happened to you too, you can appeal to the Refugee Appeal Division to look into the matter.
Here’s what RAD will possibly do:
- Return the case to IRB with possible instructions to follow
- Give a new verdict on the case
- Give the same decision as IRB’s
If you have been denied refugee status, then you need to be quick to appeal to RAD. Here’s is the timeline that you should follow:
- Appeal within 15 days of receiving a negative decision from IRB. After 15 days, you won’t be eligible to appeal to the RAD.
- You need to submit all evidence, documents, and reasons to RAD within 30 days of receiving the negative decision. The record must present why you think the decision is wrong and must be reviewed again.
At this point, you need a great lawyer to work on your case. You can get an experienced Canadian immigration lawyer to strengthen your case.
Ask for a Judicial Review
Your lawyer can appeal to the Federal Court within 15 days of receiving a rejection for the claim. The court reviews the IRB’s decision and decides if the case is strong enough to be heard. If you’re asked to leave Canada, then your status will automatically be put to hold until the court makes a decision.
Once the court agrees to listen to your case, the case will reopen, and your lawyer will argue in the court. The Federal Court will send your case back to IRB if there’s an error made on their end. However, if the court agrees with their decision, you will be required to leave Canada within 30-days.
Get an Experienced Canada Immigration Lawyer to Get You Refugee Status
If you’re unable to get positive feedback from the IRB, then it’s time to hire a professional Canadian immigration consultant to fight your case. At our firm, we look deep into your case to check for errors and develop the best possible solution.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice