Generally, the refugee appeal division of Canada works with immigrants and refugees from other countries. They deal with all the refugee appeals and claims. Also, they often make sure the protection of the immigrants and the refugees. This appeal division is mostly based on documents and papers. They rarely accept any other appeal or claim other than a paper-based claim.
In order to appeal in the refugee appeal division of Canada, you may need to follow certain legal procedures. Also, you need to be eligible for that appeal. The refugee appeal division has its own rules and laws. If you can fulfill all those requirements, you will be eligible to appeal to the refugee appeal division.
In this writing, we are going to explore all the basic information about the refugee appeal division. Keep reading the entire article to learn more.
- 1 Eligibility for the Refugee Appeal Division
- 2 How Do I Appeal an Immigration Refusal Decision to Canada?
- 3 What Happens If Your Refugee Claim is Rejected in Canada?
- 4 What Does the Refugee Protection Division Do?
- 5 Can You Win an Appeal?
- 6 What Happens If You Lose an Appeal?
- 7 How Do You Perfect Your Appeal to the Refugee Appeal Division?
- 8 The Bottom Line
Eligibility for the Refugee Appeal Division
If you want to file an appeal to the refugee appeal division of Canada, the first thing you need to do is to be eligible for it. To qualify for it, you need to fulfill certain factors. And it would help if you also remembered that you also could be ineligible by the refugee appeal division for specific reasons. They are in the following,
- If your appeal is found baseless
- If the refuge appeal division finds your appeal has no reasonable basis.
- If you do not fulfill all the requirement of the appeal division
- If your refugee claim is rejected by the appeal division previously.
- If the claim is dismissed or withdrawn by the authority.
How Do I Appeal an Immigration Refusal Decision to Canada?
There are basically two general steps to start an appeal. When you get approval from the refugee protection division, you must begin the appeal within 15 days. Firstly, you need to submit the notice of appeal within 15 days to the refugee appeal division. Suppose you have any additional people who are a part of the claim. Then they also need to submit separate forms.
Then in the next step, you need to submit the appellant’s record. The appellant’s record should be due within 30 days. In this step, you can make your appeal and claim more perfect. Because when you submit the appellant’s record, it will include all the necessary materials regarding your claim. Before submitting the appellant’s record, there are some appellant’s rules and regulations. That is why you need to go through the appellant’s guidelines and instructions beforehand.
Read Also: Immigration Canada Appeal Process
What Happens If Your Refugee Claim is Rejected in Canada?
If you fail to fulfill all the necessary criteria of the refugee appeal division, then your refugee claim can be rejected. If the refugee appeal division rejects your refugee claim, you may apply for a further review of your claim. After that, the federal court of Canada will do a judicial review of your claim.
However, if you want to skip the risks of your appeal, then before submitting your file, you can apply for a pre-removal risk assessment. Though within one year, you cannot be able to apply for the risk assessment. Then again, it will help you a lot in your refusal claim.
What Does the Refugee Protection Division Do?
The refugee protection division usually deals with refugee claims and their protection. They are also known as RPD, in short. While dealing with the refugee appeals and claims, they also need to decide the refugee protection. They have some unique laws and regulations. If any refugee needs protection, they need to go through all these legal laws and fulfill the criteria to be eligible for it.
Read Also: Spousal Sponsorship Appeals
Can You Win an Appeal?
If you follow all the legal laws and regulations of the refugee appeal division and if you can fulfill all the necessary criteria, then the refugee appeal division will grant your refugee claim. But people who file a claim for the first time get confused and make so many mistakes. As a result, they lose the appeal.
What Happens If You Lose an Appeal?
You may lose an appeal. First of all, if you are not eligible for the refugee appeal, you will be disqualified in the first place. Then you fail to follow the legal procedures, and then you may lose an appeal. If you lose an appeal, you should be panicked about it because you will still have some chance to apply for judicial review. You can apply for it to the federal court of your area.
How Do You Perfect Your Appeal to the Refugee Appeal Division?
There are certain ways that you can follow to perfect your appeal to the refugee appeal division. First and foremost, you can seek help and consult with an immigration professional. Getting legal help will always help you to perfect your appeal process. Also, it will become so easier for you in the procedure.
In the federal court of your country or state, you will also find plenty of professional lawyers for legal help. Though it will charge you some money, it will help you a lot in appealing to the refugee appeal division.
The Bottom Line
In order to eligible for the refuge appeal claim, you need to follow the steps mentioned above. Sometimes, you may find them complicated and difficult if you are doing it for the first time. That is why it is always advisable for you to seek legal help from any professional expert.
You can also go through the factors mentioned above to understand them more vividly. You can also find all the laws and regulations on the website of the refugee appeal division.
You can check them all before filing your appeal. Hopefully, this writing helped you to understand all the basics information about the refugee appeal division.