Navigating RAD and Judicial Review

In the complex landscape of Canada’s refugee determination system, understanding the Refugee Appeal Division (RAD) and the judicial review process is pivotal. At Segue Immigration and Tours Ltd., we are committed to providing clarity and support as you navigate these critical avenues.

Refugee Appeal Division (RAD)

1. Purpose:
   • The RAD, a part of the Immigration and Refugee Board of Canada (IRB), serves as a vital recourse for individuals appealing negative decisions from the Refugee Protection Division (RPD).
   • Its core objective is to ensure a fair and thorough review, safeguarding the rights of claimants.


2. Grounds for Appeal:
   • Claimants may appeal based on errors in law or the consideration of new evidence not available during the initial hearing.


3. Hearing Process:
   • The RAD process involves a review of the decision, and in some instances, a new hearing may be scheduled.
   • Merits of the appeal are assessed based on legal arguments and presented evidence.


4. Decision:
   • The RAD can uphold, vary, or set aside the original decision.
   • If set aside, the case may be sent back to the RPD for a new hearing.


5. Final Decision:
   • RAD’s decision is final, with no further appeal within the immigration system. However, individuals may seek judicial review by the Federal Court in certain cases.

Judicial Review Process

1. Application to Federal Court:
   • Dissatisfied individuals file an application for judicial review with the Federal Court within a specified timeframe.
2. Grounds for Review:
   • Judicial review is typically based on errors in law, procedural fairness, or other legal considerations.
   • The court assesses the decision-making process’s fairness and adherence to the law without re-evaluating the facts.


3. Review by the Federal Court:
   • A Federal Court judge reviews the decision and may uphold, set aside, or send the case back for reconsideration.


4. Legal Representation:
   • Seek legal representation for effective presentation of your case during the judicial review process.


5. Final Decision:
   • The decision of the Federal Court is generally the concluding step in the appeal process within the Canadian immigration system.

Why Choose Segue Immigration and Tours Ltd.?

• Expertise: Our seasoned professionals offer in-depth knowledge of RAD and the judicial review process, ensuring your case is presented effectively.
• Support: We provide personalized support, guiding you through these complex legal processes with compassion and expertise.

RAD and the judicial review process are crucial safeguards in the refugee determination system, offering avenues for individuals to challenge decisions they believe to be unjust or incorrect.