3. Receiving and acting on a decision

When a decision is rendered on your refugee appeal, the Refugee Appeal Division (RAD) will send you a written Notice of Decision, along with an explanation of the reasons for the decision. The RAD also sends a copy to Immigration, Refugees, and Citizenship Canada (IRCC), as well as the Canada Border Services Agency (CBSA).

Three outcomes can result from your appeal to the RAD:

  1. Appeal is allowed: RPD decision is set aside​
  2. Appeal is rejected: RPD decision is confirmed
  3. Refer (send) the case back to the RPD and order a new hearing, giving the RPD the directions that it considers appropriate.

If your appeal is accepted...

IRCC or the CBSA may seek leave and judicial review at the Federal Court of Canada, but must do so within 15 days. If this occurs, you will be notified.

If you receive a positive decision, and the Minister does not seek leave within 15 days, you will get “protected person” status. This means you can stay in Canada, and you may be eligible to apply for permanent residence.

If your appeal is rejected...

You may wish to seek leave and judicial review at the Federal Court of Canada.

If the RAD decides to refer your case back to the RPD and order a new hearing, giving the RPD the directions that it considers appropriate:

  • The RPD will inform you of next steps, including when a rehearing is scheduled