Under Section 110(4) of the Immigration and Refugee Protection Act, you cannot submit evidence to the Refugee Appeal Division (RAD) simply because you forgot it earlier. You face a strict 15-day deadline to file an appeal, and any new documents must be proven to have been reasonably unavailable during your original hearing.
When an asylum seeker receives a negative decision from the Refugee Protection Division (RPD), panic sets in. The immediate reaction is to gather every possible document, letter, and piece of evidence they can find to show the judge they made a mistake. However, appealing to the Refugee Appeal Division (RAD) in Canada is not a brand-new trial. It is a highly restrictive, paper-based review of the original decision.
The RAD has incredibly strict rules regarding “new evidence.” 🚨 Federal law prohibits applicants from treating the RAD as a second chance to submit documents they simply forgot to bring to their first hearing. If you want to introduce fresh evidence, you must overcome high legal hurdles and meet unforgiving deadlines. If you have just received a rejection letter in Ontario, Quebec, or BC, reaching out to an appellate immigration lawyer from our directory immediately is your best chance at saving your claim.
Step-by-Step Process for a RAD Appeal in Canada
Appealing an RPD refusal requires strict adherence to federal timelines. Here is the critical process you must follow to preserve your rights and attempt to submit new evidence.
Step 1: Filing the Notice of Appeal (15 Days)
The clock starts the moment you receive the written reasons for your refusal. You have exactly 15 days to file a formal Notice of Appeal with the RAD. This is a short form that simply notifies the board of your intent to fight the decision. Missing this deadline will almost certainly result in your deportation process beginning.
Step 2: Preparing the Appellant’s Record (45 Days)
After receiving the written decision, you generally have 45 days to perfect your appeal by submitting the Appellant’s Record. 📝 This massive document contains your legal arguments, transcripts of the RPD hearing, and any “new evidence” you are attempting to introduce. Your lawyer will draft complex arguments explaining exactly how the RPD Member made legal or factual errors.
Step 3: Meeting the Section 110(4) Test
To include new evidence in your Appellant’s Record, it must pass the Section 110(4) test. You must prove to the RAD that the document: 1) arose after the rejection; 2) was not reasonably available before the hearing; or 3) you could not have been reasonably expected to provide it given your circumstances. If you submit an old police report that was sitting in your home country all along, the RAD will reject it entirely.
Step 4: The Paper-Based Decision
There is rarely a physical hearing at the RAD. 💻 A RAD Member will review your Appellant’s Record, your new evidence (if accepted), and the original RPD file. They can choose to confirm the refusal, substitute their own positive decision and grant you refugee status, or send your case back to the RPD for a brand-new hearing.
How Much Does a RAD Appeal Cost?
Appealing an immigration decision requires sophisticated legal writing. Consider these 2026 costs in Canadian dollars (CAD):
- IRB Filing Fee: The Refugee Appeal Division charges $0 CAD to file the appeal.
- Appellate Lawyer Fees: Hiring a law firm to review transcripts, draft legal arguments, and argue the admissibility of new evidence usually costs between $4,000 and $9,000 CAD.
- Transcript Costs: In some cases, if not provided by the IRB, you may need to pay for audio transcription services for your RPD hearing.
How Long Does the RAD Process Take?
While the deadlines to submit your appeal are fast, waiting for the result is slow. The RAD has a statutory target to issue decisions within 90 days if no hearing is held. However, due to systemic backlogs in 2026, many applicants wait 6 to 12 months to receive their final written decision from the Refugee Appeal Division.
Admissible vs. Inadmissible Evidence at the RAD
| Type of Evidence | Section 110(4) Status | Will the RAD Look at It? |
|---|---|---|
| A new arrest warrant issued after the RPD hearing. | Arose after the rejection. | Yes. Highly likely to be accepted. |
| Medical report obtained after the hearing to prove old torture. | Was reasonably available before the hearing if you tried. | No. Usually rejected for lack of diligence. |
| A threatening letter you had but forgot to translate in time. | Available and expected to be provided. | No. Ignorance of rules is not an excuse. |
Frequently Asked Questions (FAQ)
What happens if I miss the 15-day Notice of Appeal deadline?
If you miss the 15-day window, your appeal rights are forfeited. You must file a complex Application for an Extension of Time, which the RAD rarely grants unless you have a severely compelling reason, such as being hospitalized.
Does a RAD appeal stop my deportation?
Yes. Filing a Notice of Appeal to the RAD automatically triggers a statutory stay of removal. The Canada Border Services Agency (CBSA) cannot deport you while your RAD appeal is actively pending in the system.
Will the RAD ever hold a real, in-person hearing?
It is extremely rare. The RAD will only order an oral hearing if they accept new evidence under Section 110(4), and that specific evidence raises a serious issue regarding your credibility that directly affects the outcome of the claim.
What are my options if the RAD rejects my appeal?
If the RAD confirms the refusal, your statutory stay of removal is lifted. Your final legal option is to apply for Leave and Judicial Review at the Federal Court of Canada within 15 days, though this does not automatically stop your deportation.
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