If IRB-RPD accepts your refugee claim, you are a Convention Refugee or a Protected Person and you (and your family inside and outside Canada) may apply for permanent residence. If you live in Quebec, you will also need to apply for a Certificate of Selection of Quebec.
What can I do if the Minister appeals?
The Minister may want a review of the IRB-RPD decision. To make an appeal, the Minister must show that the IRB-RPD made mistakes in the decision regarding your refugee claim.
If the Minister appeals within 15 days, you have to put your application for permanent residence on hold. It is important to know that the Minister can file a request for extension of time past this delay if for example, there is new evidence in your case. This will delay your permanent residency application.
If the Minister appeals the decision, you will receive a Notice of Appeal. You can respond and give the reasons why you disagree with the appeal. For example:
- some evidence was ignored,
- you have new evidence,
- there were mistakes in the translation, or
- your country conditions have changed.
Travel outside of Canada
It is a good idea to find an authorized lawyer to help you respond to all the arguments of the appeal to help you stay as a refugee or a protected person in Canada. You may be covered by legal aid. You can also seek pro bono or private paid representation. The IRB and the Federal Courts have links to help you find a legal aid, pro bono or private lawyer.
You can search different websites to find a specialized authorized lawyer in immigration law:
https://www.fct-cf.gc.ca/en/pages/representing-yourself/finding-legal-help
https://www.irb-cisr.gc.ca/en/legal-policy/legal-concepts/Pages/legal-aid-office.aspx
https://www.cba.org/For-The-Public/Immigrating-to-Canada/Hiring-an-Immigration-Lawyer
Find a legal representative to help you stay as a refugee or a protected person in Canada.
To respond to the appeal, you must:
- Prepare a Notice of Intent to Respond.
- Prepare a Respondent’s Record with the reasons why you disagree and any supporting documents.
- Send a copy of both of these documents to the Minister and to the IRB-RAD of your regional office via your authorized lawyer’s IRB portal or via email, fax, or courier.
- Give the IRB-RPD or the IRB-RAD written proof that you sent your documents to the Minister.
- Provide you with copies of all these mentioned documents in your file.
See the Immigration and Refugee Board of Canada – Refugee Appeal Division (IRB-RAD) website for more information.
After you respond to the appeal by sending in the required documents, the IRB-RAD will usually make a decision without a hearing. In some cases, the Minister may request a hearing.
The IRB-RAD will make one of the following decisions:
- Order a hearing.
- Confirm the IRB-RPD decision.
- Disagree with the IRB-RPD decision, and replace it with a new decision.
- Refer your case back to the IRB-RPD and order a new hearing.
Travel outside of Canada
If you plan to travel outside of Canada after you become a refugee or a protected person, apply for a Refugee Travel Document with Passport Canada. If the Minister has appealed, do not leave Canada.