Who can appeal to the Refugee Appeal Division?
A claimant who has been refused by the Refugee Protection Division may have the right to an appeal. A claimant who appeals a decision is called an ‘appellant’.
The Minister of Immigration, Refugees and Citizenship Canada may be able to appeal a decision finding a claimant to be a protected person. In an appeal by the Minister, the protected person is called the ‘respondent’.
Some claimants do not have a right of appeal. For example, claimants do not have the right to appeal to the Refugee Appeal Division in the following situations:
The claim was withdrawn or abandoned.
In its decision, the Refugee Protection Division said that the claim had “no credible basis” or was “manifestly unfounded.”
The claimant came to Canada from a safe third country. At the moment, this applies only to claimants who entered Canada from the United States. The rule applies to claimants who make their claims at the land border between the two countries. It does not apply when a claim is made inside Canada, at a harbour port, or in most cases, at an airport.
The Refugee Protection Division has made a cessation order or a vacation order taking away protected person status.
When there is no right of appeal to the Refugee Appeal Division, it may be possible to challenge a decision by applying to the Federal Court for a judicial review. Claimants in this situation should get legal help.