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Can a claimant who is appealing submit new evidence?

In most cases, no. The Refugee Appeal Division will decide the appeal based on the evidence that was presented to the Refugee Protection Division. They can consider new evidence only if the appellant can show one of the following:

  • The evidence arose after the refugee claim was refused.
  • The evidence was not “reasonably” available before the claim was refused.
  • The appellant could not reasonably have been expected to present the evidence before the claim was refused.


Last updated: May 29, 2013

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