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Refugee Claimant Rejection- What To Do Next!

Over 30,000 thousand immigrants from different part of the world enter into Canada (Approximately 100 each day) as Asylum seekers or as a refugee. Some find their way through the borders, others smuggled through the United States, while many of them fly into Canada from their home country.

Unfortunately, only a few refugee claimants are accepted by the Immigration and Refugee Board. The rest may have to hang on in the Country until they are finally deported back to their home country.

If your claim for refugee protection is rejected by the Refugee Protection Division [RPD], it means you may not stay in Canada. This article clearly advises you on what to do next.

Available options If refused refugee status

In the event that you have made a refugee claim that was rejected by the Immigration and Refugee Board (IRB), you may still have options.

You may have the right to appeal that rejection to the Refugee Appeal Division (RAD). Because strict deadlines apply to cases being appealed. It is, however, important that you act quickly as soon as you receive the refusal of your refugee claim.

First, you may be able to appeal to the RAD at the Immigration and Refugee Board (IRB). You have to file a Notice of Appeal with the RAD within 15 days of being rejected. You have One month (30 days) after your rejection to explain to the RAD why the refusal of refugee status is wrong.

The RAD will receive written statements and, in some cases, it will accept new evidence. RAD proceedings are quite complicated and you may speak to a lawyer before starting the process. In as much as your case is with the RAD, you are exempted from deportation.

Secondly, not all rejected refugee claimants have access to the RAD. If you can not, the second available option is to file an application to the Federal Court of Canada for a judicial review. You may have to consult with an immigration lawyer the moment your claim is refused so that you can get help with the review.

Federal Court application must start within 15 days of receiving notice of refugee rejection. Many applications or challenges are not granted leave which means that the case may not be heard.

If leave is granted, the Federal Court can either uphold the RAD Board’s decision (which means they agree with it), or return the case to the IRB for a rehearing. Refusals by the RAD can also be assessed by the Federal Court.