Refugee Appeals in Canada
Canada has long played an active role in addressing international displacement and persecution. Since becoming a signatory to the 1951 Geneva Convention Relating to the Status of Refugees, the country has maintained a legal and humanitarian framework that supports individuals seeking protection due to fear of persecution in their home countries.
People who flee their countries because of threats based on race, religion, nationality, membership in a particular social group, gender, sexual orientation, or political opinion may apply for protection under Canada’s refugee and asylum system. Suppose an individual’s claim is not approved. In that case, a formal mechanism is in place to review and challenge the decision through a refugee appeal.
Applying for Refugee Protection
Individuals who wish to seek protection in Canada can do so either at a port of entry or from within the country. Applications may be made at border crossings, airports, or offices of the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC).
Once an application is submitted, the CBSA or IRCC determines if the individual is eligible to have their claim referred to the Immigration and Refugee Board of Canada (IRB). Those found eligible are then required to attend a hearing where they present evidence of the risks they face if they return to their home country.
All applicants are subject to identity verification, security screening, criminality checks, and medical assessments. Providing detailed and consistent evidence is essential to support the claim.
Sponsorship and Settlement Support
Several programs exist in Canada to assist individuals who qualify for protection. These include government-assisted and privately sponsored pathways, which facilitate the relocation and resettlement of individuals and families.
Private sponsorship initiatives involve Canadian citizens and permanent residents forming groups to provide support to refugees. One such program is “Groups of Five,” in which at least five individuals collectively undertake the responsibility of supporting one or more recognized refugees. Sponsors must commit to providing settlement assistance, including accommodation, financial aid, and social support, for at least one year.
Organizations can also engage through the Sponsorship Agreement Holder (SAH) program or collaborate with government bodies via the Joint Assistance Sponsorship program, which focuses on supporting individuals with additional needs.
Refugee Appeal Division (RAD)
Not all refugee claims are successful. When a claim is refused by the Refugee Protection Division (RPD) of the IRB, individuals may have the option to challenge the decision through the Refugee Appeal Division (RAD).
To be eligible for a RAD appeal, the individual must submit a Notice of Appeal within 15 days of receiving the written reasons for refusal. The appeal process allows the applicant to present new evidence and arguments to demonstrate why the original decision should be reconsidered.
The RAD conducts a paper-based review but may also schedule an oral hearing if required. Legal representation and assistance during this process can be crucial in navigating the technicalities of the appeal and ensuring all procedural deadlines are met.
Broader Immigration and Refugee Planning
Canada continues to develop and expand its immigration programs, addressing both economic development and humanitarian needs. In recent years, the IRCC has introduced a range of pilot programs aimed at supporting regional labour demands and facilitating community-specific immigration, such as the Atlantic Immigration Program and the Rural and Northern Immigration Pilot.
A particular focus has also been placed on supporting vulnerable individuals. This includes dedicated resettlement pathways for survivors of violence, marginalized groups, and individuals working in high-risk roles such as journalism or human rights advocacy.
The goal is to provide a structured and safe path for resettlement while ensuring alignment with national objectives related to economic growth and demographic renewal.
Improving Accessibility and Efficiency
To address the growing volume of immigration and refugee applications, the IRCC has increasingly relied on digital transformation. By adopting newer technologies and streamlining internal processes, the department aims to enhance processing times, increase transparency, and offer more predictable timelines for applicants.
For instance, the use of biometric systems, secure online portals, and simplified application checklists has improved overall processing. In parallel, efforts have been made to enhance fraud prevention mechanisms and improve clarity in communication with applicants.
Appeal Support and Legal Guidance
While the refugee appeal process is a formal legal procedure, it also allows for fairness and reconsideration. Applicants often benefit from legal support or authorized representatives who can review the decision, assist in drafting the appeal, and gather additional documentation or testimony to support their case.
It is important to note that not all cases are eligible for appeal to the RAD. For example, individuals found ineligible to have their claim referred to the IRB or those whose claims are withdrawn or deemed abandoned may need to pursue a judicial review at the Federal Court of Canada instead.
Ongoing Policy Direction
Canada’s multi-year immigration plans continue to strike a balance between humanitarian responsibilities and the nation’s broader development goals. The government remains committed to facilitating family reunification, welcoming skilled newcomers, and ensuring protection for individuals in need of support.
Special attention is also given to policy adjustments that reflect global realities, including rising displacement due to conflict, climate-related migration pressures, and shifting international legal standards.
