What Happens If My Refugee Appeal Is Denied?

Receiving a negative decision from the Refugee Appeal Division (RAD) is one of the most frightening moments a refugee claimant can face. It is also one of the most time-sensitive.

The days immediately after a RAD dismissal are short, they are strictly counted, and what you do with them can determine whether you remain in Canada while your case is reviewed, or whether you are removed before anyone looks at it again.

Here is what you need to know.

What does a RAD dismissal actually mean?

When you made your refugee claim, you were issued a conditional removal order.

It sat dormant while your claim moved through the Refugee Protection Division (RPD) and, if you appealed, through RAD.

A dismissal at RAD doesn’t create a new removal order – it activates the one you already have.

That order comes into force 15 days after you are notified of RAD’s decision.

Once it is in force, the Canada Border Services Agency (CBSA) is legally obliged to enforce it as soon as reasonably practicable. In practice, that means removal arrangements, a call to report, and a departure date.

Why does the 15-day deadline matter so much?

RAD is not the end of the road.

You can ask the Federal Court of Canada to review its decision by filing an Application for Leave and for Judicial Review (ALJR).

Under section 72(2)(b) of the Immigration and Refugee Protection Act, that application must be filed with the Federal Court Registry within 15 days of the day you are notified of, or otherwise become aware of, the decision.

15 days is not 15 business days.

It is not 15 days from when you find a lawyer, or from when you finish reading the reasons.

The clock starts when notice reaches you, and it doesn’t stop for weekends, holidays, or the time it takes to gather funds.

Does filing at the Federal Court stop my removal?

Yes – and this is the single most important reason to file on time.

Under section 231(1) of the Immigration and Refugee Protection Regulations, your removal order is automatically stayed the moment you file an ALJR of a RAD decision that rejects, or confirms the rejection of, your refugee claim.

You do not need to bring a separate motion. You do not need to persuade a judge. The stay operates by law.

That stay remains in effect until the earliest of a defined set of endpoints, including:

1.        Leave is refused by the Federal Court;

2.        Leave is granted, judicial review is refused, and no question is certified for the Federal Court of Appeal;

3.        A certified question is not appealed within the time limit, or the appeal is ultimately dismissed.

A narrow set of exceptions applies – for example, designated foreign nationals don’t benefit from the automatic stay.

Your lawyer should confirm early whether any exception touches your file.

What happens if I miss the deadline?

If no ALJR is filed within 15 days, no stay arises. Your removal order becomes enforceable, and the CBSA can begin removal proceedings against you.

If your order is a departure order and you do not leave and confirm your departure within the required period, it converts into a deportation order – which carries a permanent bar on returning to Canada without the Minister’s written authorization.

A Federal Court judge may allow an extension of time for special reasons, but this is discretionary, it must be argued, and it is not something to rely on.

You should assume that the deadline is absolute, because in practical terms it is.

What is the Federal Court actually reviewing?

It helps to understand what judicial review is not.

It isn’t a fresh hearing of your refugee claim, and you can’t introduce new evidence about the risk you face.

The Court examines the record that was before RAD and asks whether the decision was reasonable and whether the process was procedurally fair.

The process runs in two stages:

1.        Leave: a judge decides on the paper record alone, without an oral hearing, whether your case is arguable. Leave is not routinely granted.

If Leave granted, the matter proceeds to an oral hearing. If the Court finds an error, the usual remedy is to send your case back to RAD to be decided again by a different Member – not to grant you protection outright.

What other options might remain?

Depending on your circumstances, other avenues may exist alongside or after judicial review:

• A Pre-Removal Risk Assessment (PRRA) – though most people are barred from applying for 12 months after a final negative decision;

• An application for permanent residence on humanitarian & compassionate grounds, which does not, on its own, stay your removal;

• A request to reopen your RAD appeal, available only where a principle of natural justice was breached;

• A deferral request to CBSA, in limited and usually urgent circumstances.

None of these substitutes for filing an ALJR on time at the Federal Court. They are additional considerations – not a fallback plan.

What should I do right now?

If RAD has dismissed your appeal, note the date you received the decision and speak to an immigration lawyer immediately – not next week.

15 days is barely enough time to obtain the file, review the reasons, identify a reviewable error, and prepare and serve the ALJR properly.

At Taylor Mergui Law Group, we act quickly for clients facing negative RAD decisions and enforceable removal orders. If you have received a decision, contact us to book a consultation today.

This article is general information, not legal advice. Legislation, regulations and IRCC policy change. Verify current requirements or speak with counsel about your specific situation.