My refugee claim was refused how long do I have to appeal?
In the United States? This answer is Québec and Canadian law. The US side of this site answers different questions, state by state: different law, and different coverage. Go to the US side
Short answer
If you are eligible to appeal to Canada's Refugee Appeal Division (RAD), the notice of appeal is generally due within 15 days after receiving the Refugee Protection Division's written reasons. The current IRB practice notice extends the appellant's record deadline to 45 days after receipt of those reasons.
In detail
The notice starts the appeal; the appellant's record supplies the documents and arguments. The 45-day period does not start when the notice is filed. Both are measured from receipt of the written reasons.
The practice notice extends the usual 30-day record limit until further notice; it does not extend the 15-day notice limit. Eligibility to appeal and requests for additional time are separate questions. Check the decision package and current IRB instructions.
What to document
Keep the decision, written reasons, envelope or electronic delivery record, and proof of when each appeal document reached the RAD. Record the notice and record deadlines separately.
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.