Due to administrative delays, the IAD currently has a significant backlog and as a result it may take months before your case will be before a decision maker. It is imperative to use this time wisely and gather evidence and prepare legal arguments to present to the Board Member prior to the hearing of your appeal.

Because the IAD is not a court of law, it is not bound by strict rules of evidence. This means that the tribunal can receive into evidence anything that it considers to be “credible and trustworthy”. This means that it is important to provide all documentary evidence which is corroborative of the allegations that you have made, either in your application for permanent residence or in your defense against deportation. This includes evidence of travel, financial support, and communication between yourself and the foreign partner you are sponsoring. In the context of a removal order appeal, it also includes evidence of rehabilitation including certificates from programs, letters from counsellors and community leaders as well as letters of support from family members.

Because each case is complex and the issues involved are expansive, it is important to be careful to ensure that all relevant documentary evidence is put before the tribunal.

Although there are some limitations, many individuals who have had hearings before the RPD have the right to appeal their case to the RAD. Certain notable exceptions to this principle however are: individuals who have entered Canada at the US border and benefited from an exemption to the Safe Third Country Agreement, people whose claims have been found to be manifestly unfounded, people who have been excluded from refugee protection.

There is a strict deadline, which runs 15 days from the day that you became receive the decision rejecting your refugee claim. If you miss this deadline, you may be unable to have your appeal heard at the RAD.

The RAD may only consider ‘new’ evidence that was not before the RPD because it was not previously available. Although the RAD does review RPD decisions, it will not simply re-examine the same evidence that was before the RPD. Similarly, when new evidence is submitted, it must be explained why that is evidence was not before the tribunal at the time of the hearing of the refugee claim itself.

The RAD is also able to consider whether the RPD committed errors of law in rendering its decision. This may mean that it rendered a decision that was unreasonable or illogical, or that they misapplied the relevant law on refugee determination.