Common Reasons Refugee Appeals Are Dismissed

Not every refugee appeal succeeds. Understanding common refusal reasons helps claimants avoid repeating mistakes and focus on the strongest legal arguments. Refugee appeals are often dismissed when:

• The RAD finds no reviewable error in the RPD’s reasoning

• Credibility concerns from the original hearing remain unresolved

• New evidence does not meet RAD admissibility requirements

• The appeal simply re-argues facts without identifying legal or procedural errors

• Filing deadlines or procedural rules are missed

An effective appeal does not re-tell the story — it demonstrates why the original decision was unreasonable or unfair under Canadian refugee law.

What are the refugee appeal division deadlines?

Strict filing deadlines apply:

• Notice of Appeal: within 15 days of receiving your RPD reasons

• Appellant’s Record: within 30 days of filing your notice

Missing these deadlines can result in an automatic dismissal. Our legal team acts quickly to preserve your right to appeal.

What is the refugee appeal process in Canada?

1. File Notice of Appeal – Within 15 days of receiving the RPD’s written decision

2. Prepare Appellant’s Record – Includes your legal arguments, affidavits, and new evidence

3. RAD Review – The RAD Member reviews all written submissions

4. Decision – The RAD may:

   • Allow your appeal (granting protection)

   • Dismiss your appeal (option to seek judicial review at the Federal Court)

   • Order a new RPD hearing

In limited cases, the RAD may also schedule an oral hearing, especially if new evidence is being considered.

What Evidence Matters Most in a Refugee Appeal?

The Refugee Appeal Division does not simply re-hear your story — it evaluates whether the Refugee Protection Division made errors based on the evidence before it. Successful refugee appeals are built on focused, credible, and legally relevant evidence. Depending on your case, the most persuasive evidence may include:

• Country condition evidence confirming ongoing risk, persecution, or lack of state protection

• Credibility-supporting documents, such as affidavits, medical or psychological reports, and corroborating witness statements

• New evidence that arose after your RPD hearing or was not reasonably available at the time

• Proof of legal or factual errors, including misapplication of refugee law, selective use of evidence, or unfair credibility findings

The RAD applies strict rules to evidence. Submitting irrelevant or improperly framed documents can weaken an otherwise strong appeal. Strategic legal preparation ensures the RAD focuses on what truly matters.

Refugee Appeal vs Federal Court Judicial Review: What’s the Difference?

Not all refused refugee claimants can appeal to the Refugee Appeal Division. In some cases, the only available option is a judicial review at the Federal Court of Canada. Key differences include:

• Refugee Appeal Division (RAD):
  Allows written legal arguments and, in limited cases, new evidence. The RAD can substitute its own decision or order a new hearing.

• Federal Court Judicial Review:
  Reviews whether the decision-making process was fair and reasonable. No new evidence is allowed, and the Court cannot grant refugee status directly.

Determining the correct pathway — and acting within strict deadlines — is critical. Choosing the wrong process can permanently limit your legal options.

What Are Your Options If a Refugee Appeal Is Not Available or Is Refused?

Not every refused refugee claimant has access to the Refugee Appeal Division — and even when an appeal is filed, it may not always succeed. That does not automatically mean removal is imminent or that no legal options remain. Depending on your circumstances, additional remedies may include:

• Judicial Review at the Federal Court of Canada
  If the RAD is unavailable or dismisses your appeal, you may ask the Federal Court to review whether the decision was made fairly and in accordance with the law. This process focuses on legal errors and procedural fairness rather than re-arguing the facts.

• Pre-Removal Risk Assessment (PRRA)
  A PRRA may be available if you face a new or increased risk of harm upon return to your home country. This assessment considers current country conditions and personal risk factors.

• Removal Order Appeals or Stay of Removal Applications
  In certain cases, removal may be temporarily paused while legal proceedings are underway. Timing and eligibility are critical, and mistakes can result in loss of protection.

Each pathway has strict deadlines, eligibility rules, and strategic considerations. Choosing the wrong option — or missing a filing window — can permanently limit your ability to remain in Canada. At Ayodele Law, we assess all available remedies, not just the most obvious one, to ensure your case is handled with clarity, urgency, and care.