What does the Refugee Appeal Division do in deciding an appeal?
If there is no oral hearing, the Refugee Appeal Division is supposed to decide the appeal within 90 days of the date that all of the required documents were filed. However, the decision could take more time.
In deciding the appeal, the Division can do one of three things:
- Confirm the decision of the Refugee Protection Division.
- Set aside the Refugee Protection Division’s decision and substitute its own decision.
- Send the claim back to the Refugee Protection Division for re-determination.
If there was no oral hearing on the appeal, the decision and reasons must be given in writing.
If there was an oral hearing and an oral decision, the Refugee Appeal Division does not have to give written reasons unless they are requested. A claimant must make this request in writing.