Receiving Your Decision
When you receive your IRB decision, it will arrive by mail or you may be told to come to the IRB office to receive it. If you have a lawyer, they may also receive a copy. The decision will be a written document explaining the Member's findings.
The decision letter will tell you:
- Whether your claim was approved or rejected
- The Member's reasons for the decision
- Your rights after the decision (such as the right to appeal)
- Important deadlines (such as the deadline to file an appeal)
If your claim is rejected, you will also be told about a removal order. A removal order directs you to leave Canada by a certain date. However, you have the right to appeal the IRB decision, which suspends the removal order while your appeal is pending.
Understanding the Reasons for Rejection
The IRB decision will explain why your claim was rejected. Common reasons include:
Credibility Issues
The Member found inconsistencies in your testimony or evidence that raise doubts about your account of events. This might be due to conflicting statements, memory gaps, or explanations that do not align.
Insufficient Evidence
You did not provide enough evidence to support your claim. The Member may have found your testimony alone insufficient without corroborating documents or evidence.
Not Meeting Legal Definition
The Member determined that your situation does not meet the legal definition of a refugee under Canadian law. For example, the persecution you fear may not be on a protected ground (race, religion, nationality, political opinion, or social group).
Available State Protection
The Member found that your government can protect you from the harm you fear. Canada's law requires that refugees cannot access state protection in their home country.
Internal Relocation Alternative
The Member believed you could relocate to another part of your country where you would not face persecution.
Your Options After Rejection
If your IRB claim is rejected, you have several options:
1. Appeal to the Refugee Appeal Division (RAD)
You can appeal your IRB decision to the RAD within 15 days of receiving the decision. This is often the most important option because you have a second chance to present your case to a different decision-maker.
2. Judicial Review
You can apply to Federal Court for a judicial review of the IRB's decision. This option is only available if there was a serious legal or procedural error, not merely because you disagree with the decision.
3. Pre-Removal Risk Assessment (PRRA)
If you do not appeal to the RAD or your RAD appeal is rejected, you can request a PRRA. A PRRA assesses risks you would face if removed, including torture or danger to your life.
4. Humanitarian and Compassionate Considerations
You can apply for relief on humanitarian and compassionate (H&C) grounds, which may grant permanent residence based on hardship or other compassionate factors.
5. Leave Canada Voluntarily
You can choose to leave Canada voluntarily before the removal order takes effect. This avoids a forced removal record, which may affect future immigration applications.
Appealing to the Refugee Appeal Division
The Refugee Appeal Division (RAD) is your first opportunity to appeal an IRB rejection. You have 15 days from the date you receive the IRB decision to file an appeal to the RAD.
To appeal to the RAD, the following steps are necessary:
- Complete the RAD appeal form
- Clearly state the grounds for your appeal (what you believe the Member got wrong)
- Provide new evidence if available
- Appeal documents should be filed at the IRB office where the hearing took place
- Pay the appeal fee (or request a fee waiver if you cannot afford it)
The RAD will review your case on the record (the documents and hearing transcript) unless they decide to hold an oral hearing. An oral hearing gives you the chance to present additional evidence and answer questions from the RAD member.
RAD Timeline and Process
After you file your RAD appeal, the following timeline typically applies:
Days 0-15: Appeal Deadline
The appeal must be filed within 15 days of receiving the IRB decision. If filed late, it is necessary to request an extension and provide explanation.
Days 15-45: Initial Processing
The RAD receives your appeal, verifies it was filed on time, and checks that you included all required documents.
Weeks 4-12+: RAD Review
The RAD member reviews your case. They may request a written response from the government. They will decide whether to hold an oral hearing or make a decision based on the written record.
Decision
The RAD will issue a decision either allowing your appeal (granting you refugee protection) or dismissing your appeal (confirming the IRB rejection). This process can take several months.
Other Options After Rejection
If you do not appeal to the RAD or your RAD appeal is rejected, you have other options:
Pre-Removal Risk Assessment (PRRA)
A PRRA is a different test than the refugee definition. It assesses whether you would face a risk of torture, danger to your life, or cruel treatment if removed. You must apply within 30 days of becoming aware of the removal risk or the notice to appear for removal.
Judicial Review in Federal Court
You can apply to Federal Court to review whether the IRB or RAD made a serious legal or procedural error. Judicial review is complex and you typically need a lawyer. The deadline is usually 30 days from the decision.
Humanitarian and Compassionate Application
You can request that IRCC grant you permanent residence on humanitarian and compassionate grounds. This considers factors such as hardship, family ties in Canada, and length of residence.
Example Conversation with a Lawyer
This shows language such as what you might discuss with a lawyer after receiving a negative decision.
You:
"I received my IRB decision and it was rejected. What should I do?"
Language such as:
"I understand you are disappointed. Let me review the decision to see what the Member's concerns were. You have 15 days to appeal to the RAD. Let me look at the reasons and see if we have grounds for appeal."
You:
"What are our chances of winning an appeal?"
Language such as:
"The Member found credibility issues with your account. If we can provide new evidence that addresses those concerns, or if there was an error in how the Member applied the law, we might have a reasonable chance. Let's meet next week to gather additional evidence and prepare your appeal."
You:
"What happens if the appeal is rejected too?"
Language such as:
"If the RAD also rejects your appeal, we could explore a PRRA if there have been changed circumstances or new risk in your country. We could also consider a judicial review or humanitarian and compassionate application, but those have different requirements and may have different chances of success."
Important Considerations
Act Quickly on Deadlines
Your appeal deadline is 15 days from receiving the IRB decision. Missing this deadline is serious—your right to appeal may be lost. Put your appeal deadline in a calendar and act immediately.
Seek Legal Help Immediately
After a negative IRB decision, it is crucial to consult with a lawyer as soon as possible. Many offer free initial consultations. A lawyer can review the decision, advise whether an appeal is worth pursuing, and help prepare your appeal.
Consider Removal Order Implications
If you appeal, the removal order is suspended while your appeal is pending. If you do not appeal and do not apply for a PRRA, the government may arrange your removal. Consult with a lawyer about your options.
Document Everything
Keep the original IRB decision, removal order, and all related documents. Make copies and store them safely. You will need these for any future applications or appeals.
Disclaimer: This information is provided for general informational purposes only and does not constitute legal advice. The appeal process is complex and individual circumstances vary significantly. For advice specific to your situation, consult with a qualified refugee lawyer or Regulated Canadian Immigration Consultant (RCIC).