If the Refugee Appeal Division (RAD) dismisses your claim, you generally have 15 days to file an Application for Leave and Judicial Review at the Federal Court of Canada. Filing an emergency Stay of Removal can pause your deportation by CBSA, with basic court filing fees starting at $50 CAD.
Receiving a negative decision from the Refugee Appeal Division (RAD) is devastating. It means that your refugee claim has been officially rejected by the Immigration and Refugee Board (IRB), and you no longer have protected status in Canada. For claimants in Ottawa, Montreal, or Winnipeg, this triggers an immediate risk of deportation.
Once the RAD decision is finalized, the Canada Border Services Agency (CBSA) will usually step in to begin removal arrangements. ⚠ However, this is not necessarily the end of the road. There are critical legal steps your law firm can take to challenge the decision at the Federal Court of Canada and keep you safe.
Step-by-Step Process in the Canadian Federal Court
Because refugee law is federal, the rules are identical whether you are fighting deportation in Quebec, Manitoba, or Ontario. The Federal Court process is highly formal, focusing exclusively on legal and procedural errors made by the RAD, rather than simply re-hearing your story.
Step 1: Identifying Errors in the RAD Decision
Your lawyer will immediately review the written reasons provided by the RAD. 🔍 They will look for “reviewable errors.” This means proving the RAD ignored crucial evidence, applied the wrong legal test, or acted unfairly during your appeal. You cannot generally introduce new evidence at this stage.
Step 2: Filing the Application for Leave and Judicial Review
You strictly have 15 days from the day you receive the negative RAD decision to file your application at the Federal Court. This is a two-stage process. First, “Leave” is requesting the court’s permission to hear the case. If the judge agrees that your case has an arguable merit, they will grant leave and schedule a full Judicial Review hearing.
Step 3: Attending a CBSA Removal Interview
While your Federal Court case is pending, CBSA will likely summon you for a pre-removal interview. 👤 You must attend this meeting, bringing your valid passport or travel documents. Your lawyer can accompany you. Failing to attend can result in a Canada-wide arrest warrant.
Step 4: Filing an Emergency Stay of Removal
If CBSA hands you a “Direction to Report” with a confirmed flight date, your lawyer will urgently file a Motion for a Stay of Removal at the Federal Court. To win the stay, you must prove you will face irreparable harm if deported before your Judicial Review is finalized.
How Much Does it Cost in Canada?
Taking your case to the Federal Court involves significant legal and administrative expenses. 💸 Preparing a highly technical legal argument requires an experienced immigration litigation lawyer.
| Federal Court Filing Fee | $50 CAD | Standard fee for filing the Leave Application. |
| Stay of Removal Motion Fee | $50 CAD | Court fee for filing an emergency stay motion. |
| Lawyer Fees (Judicial Review) | $4,000 to $10,000+ CAD | Varies by law firm and case complexity. |
| Lawyer Fees (Emergency Stay) | $3,000 to $7,000+ CAD | Urgent legal work requires extensive rapid preparation. |
- No IRCC Fees: There are no processing fees paid to Immigration, Refugees and Citizenship Canada (IRCC) for a Federal Court review.
- Legal Aid: If you are low-income, provincial Legal Aid programs (like Legal Aid Ontario) may cover your lawyer’s fees, provided they assess your case as having merit.
How Long Does the Process Take?
The Federal Court timeline is rigid. ⌛ You have exactly 15 days to file your notice. After submitting your formal legal arguments (the Applicant’s Record), it usually takes the court 3 to 6 months to decide whether to grant Leave. If Leave is granted, the final hearing is typically scheduled within another 30 to 90 days.
Frequently Asked Questions (FAQ)
What happens if the Federal Court grants my Judicial Review?
If you win, the Federal Court will quash the negative RAD decision and send your case back to the Refugee Appeal Division to be re-evaluated by a different decision-maker.
Can I apply for a Pre-Removal Risk Assessment (PRRA) right away?
Generally, no. Under Canadian law, failed refugee claimants face a strict 12-month bar before they are eligible to apply for a PRRA, unless they qualify for a rare exemption based on a sudden change in country conditions.
Will my interim federal health coverage (IFHP) continue?
Yes, typically your IFHP remains active until you are officially deported from Canada, ensuring you continue to receive basic and emergency healthcare services.
Can I work while waiting for the Federal Court decision?
Yes, your current Canadian work permit generally remains valid. If it is nearing expiration, you can apply to extend it while your legal proceedings at the Federal Court are actively ongoing.
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