Federal Court Decision impacting the right to appeal to the Refugee Appeal Division

​On 23 July 2015, the Federal Court rendered a decision impacting the right to appeal to the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB) of Canada for rejected refugee claimants from designated countries of origin (DCO). The decision is available on the Federal Court's website.

The IRB, through its Refugee Protection Division (RPD), is informing failed refugee claimants from DCOs, whose decisions were issued on and after July 23rd 2015, and who are not otherwise barred from appealing to the RAD, that they may file an appeal to the RAD.

Failed refugee claimants from DCOs who received RPD decisions prior to the Federal Court decision, but who were still within the timeline to file an appeal at the time of the Federal Court decision, will also receive notice that they may have a right to appeal.

The RAD is reviewing its forms, documents and Web content in light of the decision.