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No appeal to the Refugee Appeal Division

Designated foreign nationals do not have the same right to appeal as other refugee claimants. If the Refugee Protection Division of the Immigration and Refugee Board turns down their claim, they do not have the right to appeal to the Refugee Appeal Division.

However, a claimant might be able to apply to the Federal Court for ‘leave’ or permission to have a judicial review of the decision. They will need legal help to do this. There is a 15-day time limit to file an application for leave.

A designated foreign national does not have an automatic right to stay in Canada until the Federal Court makes a decision. To avoid removal, they would have to successfully apply to the Court for a ‘stay of removal’.

Last updated: Aug 14, 2013


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