My refugee claim was refused how long do I have to appeal?
Short answer
In Canada, an appeal of a Refugee Protection Division decision to the Refugee Appeal Division is started by a notice of appeal filed within 15 days after receiving the written reasons for the decision, and the appellant's record must be filed within 30 days after that same receipt (s. 159.91 of the Immigration and Refugee Protection Regulations).
In detail
Section 159.91 sets two separate deadlines, both of which run from receipt of the written reasons: 15 days for the notice of appeal, and 30 days for perfecting the appellant's record.
These two steps are not the same thing. The notice of appeal opens the file; the appellant's record contains the documents and the arguments. Missing the second deadline does not have the same effect as missing the first, but both are set out in the Regulations.
The Regulations also provide that the Refugee Appeal Division may extend these time limits for reasons of fairness and natural justice.
What to document
The date you received the written reasons, with proof of that receipt (envelope, email, notice from counsel). Write down the two deadlines separately, as you calculated them. Keep a complete copy of the reasons as well: that is the starting document for the whole appeal.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
Related questions
- What is the difference between the notice of appeal and the appellant's record at the RAD?
- Can the Refugee Appeal Division give me more time?
- What happens on the day of my IRB hearing?
- What documents do I need to bring to my refugee hearing?
- What do I do if I do not understand a question from the Board member?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.