Act indicates the Immigration and Refugee Protection Act for appealing. A candidate who has been rejected by the Refugee Protection Division may have the right to an appeal. A claimant who appeals a decision is called an appellant. Appellant means a person, or the Minister, who makes an appeal to the division from a judgment of the Refugee Protection Division.
A person made a refugee claim that refused by the Immigration and Refugee Board. The person has still one more opportunity to have their case heard at the refugee appeal division.
Process to appeal claim are given below
The RAD is helpful for review of their claim for two reasons.
- They give most claimants to try and prove that RPD’s decision wrong in fact and law.
- They allow new proofs to introduced to record. It is not reasonably available at the time of RPD made its decision.
When someone argues to appeal a refugee claim, they need to understand the process first.
There are some process to understand it.
Once an appeal submitted to the RAD, reviewing their claim determines the request. If their application is successful, this process in two ways.
- They are restoring their application to the RPD for redetermination according to new instructions.
- Substitution is their choice for the RPD for refugee protection.
The RAD settles its decision based on the information in the documents. It also provides information from the RPD record without holding a hearing. The decision will mail to the person who appeals to the refugee claim.
Consider new evidence
Some decisions consider new evidence. The RAD does not include a hearing; its reasons for the decision on appeal will explain whether the evidence the person provided met all requirements.
In conclude, RAD expected to make decisions not more than 90 days after appeal. RAD will make a decision first after hearing.
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