By Dalia Mohammadi Darvishvand, Articling Student, Lewis & Associates LLP
Receiving a negative decision on a refugee claim is frightening. For many claimants it raises an immediate fear of being sent back to the danger they fled. But a refusal by the Refugee Protection Division (RPD) is usually not the final word. Canadian law provides several further steps, including an appeal to the Refugee Appeal Division, judicial review in the Federal Court, reopening the claim, a pre-removal risk assessment, a humanitarian and compassionate application and, as a last resort, a request to stop removal.
Each of these options has its own deadline, its own eligibility rules and its own effect on whether you can be removed while it is pending. Some deadlines are only 15 days long. Choosing the wrong route, or missing the window for the right one, can close doors permanently. This guide explains every option in the order you are likely to face it, reflects the changes made by Bill C-12 in March 2026, and is based on the Immigration and Refugee Protection Act (IRPA), its Regulations and official government guidance.
Refugee Claim Refused
Your Options, in Order
Which ones apply depends on your case and on strict deadlines.
A written appeal to the Refugee Appeal Division, which can substitute its own decision.
Deadline: file in 15 days, perfect in 30 days from receiving written reasons.
Challenges a RAD decision, or an RPD decision when there is no RAD appeal.
Deadline: 15 days.
A risk assessment by IRCC before removal, based on new evidence of risk.
Usually: not available for 12 months after the last decision on the claim.
An application for permanent residence on humanitarian and compassionate grounds.
Usually: barred for 12 months, with exceptions for children and serious medical risk.
First: Read the Decision and Note the Date
The RPD gives its decision orally at the end of the hearing or in writing later. Either way, you receive written reasons. The date you receive those written reasons is the starting point for the most important deadlines, so write it down and keep the envelope or email.
Read the reasons with your lawyer and identify why the claim failed. The most common grounds are:
- Credibility: the member did not believe key parts of your story, often because of inconsistencies between your Basis of Claim form, documents and testimony.
- State protection: the member found that the authorities in your country could adequately protect you.
- Internal flight alternative (IFA): the member found that you could live safely in another part of your country.
- No link to a Convention ground: the harm you fear is not connected to race, religion, nationality, political opinion or membership in a particular social group, and does not meet the test for a person in need of protection.
- Identity: the member was not satisfied that you established who you are.
Check also whether the decision says the claim has “no credible basis” or is “manifestly unfounded”. Those findings remove the right to appeal to the RAD and affect your protection against removal, which changes your strategy completely. Our overview of how refugee claims work in Canada explains the RPD process if you need background.
Option 1: Appeal to the Refugee Appeal Division (RAD)
Most refused claimants can appeal to the RAD, a division of the Immigration and Refugee Board (IRB). Under IRPA section 110, the appeal can be on a question of law, of fact, or of mixed law and fact. The RAD does not simply check for errors. It conducts its own assessment of the record and can confirm the RPD decision, substitute its own decision granting protection, or send the claim back to the RPD.
RAD deadlines
Under IRPR section 159.91, counted from the day you receive the RPD’s written reasons:
- 15 days to file the notice of appeal; and
- 30 days to perfect the appeal by filing the appellant’s record, including a memorandum explaining the errors and any new evidence.
- The RAD can extend these times only “for reasons of fairness and natural justice”, so do not plan on an extension.
New evidence and hearings
The RAD usually decides on the written record without a hearing. Under IRPA section 110(4), you can file new evidence only if it arose after the rejection, was not reasonably available, or could not reasonably have been expected to be presented at the RPD. The RAD may hold an oral hearing when new evidence raises a serious credibility issue that is central to the decision and would justify allowing or rejecting the claim. Our article on new evidence at the Refugee Appeal Division explains these tests in detail, and our RAD appeals page describes how we handle these cases.
Who cannot appeal to the RAD
| No RAD appeal when… | What to do instead |
|---|---|
| The RPD found the claim has no credible basis or is manifestly unfounded | Judicial review in the Federal Court within 15 days; ask for a stay of removal if needed. |
| The claim was declared abandoned or withdrawn | Apply to reopen if there was a breach of natural justice; otherwise judicial review. |
| The claimant entered from the U.S. at a land border and fell within a Safe Third Country Agreement exception | Judicial review in the Federal Court. |
| The claimant is a designated foreign national (designated irregular arrival) | Judicial review in the Federal Court. |
| The decision is on a Minister’s application to cease or vacate refugee protection | Judicial review in the Federal Court. |
| The claim was found ineligible and never referred to the IRB (for example, under the 2026 one-year rule) | There is no IRB decision to appeal. A PRRA is usually the risk assessment available. |
Building a strong RAD appeal
Because the RAD usually decides on paper, the appellant’s memorandum does most of the work. A strong appeal identifies specific errors, shows why each one matters to the outcome and points the RAD to the exact parts of the hearing record that support the argument. Typical errors include treating minor inconsistencies as fatal to credibility, ignoring documents that corroborate the claim, misreading country condition evidence, or applying the wrong legal test for state protection or an internal flight alternative.
RAD Appeal
8-Point Appeal Checklist
Use it to test your appeal before the 30-day deadline.
- The notice of appeal was filed within 15 days of receiving the RPD’s written reasons.
- The hearing recording or transcript has been obtained and reviewed.
- Every finding that led to the refusal is listed and answered in the memorandum.
- Each alleged error is tied to specific evidence or testimony in the record.
- Any new evidence meets the section 110(4) test, with a clear explanation of why it was not available earlier.
- If a hearing is needed, the memorandum explains how the new evidence meets the section 110(6) criteria.
- Updated country condition evidence has been checked against the IRB’s National Documentation Package.
- The appellant’s record is complete and perfected within 30 days.
For a full walk-through of the RAD process, see our guide to appealing a refugee decision in Canada.
Option 2: Judicial Review in the Federal Court
If the RAD dismisses your appeal, or if you had no right to appeal to the RAD, you can apply to the Federal Court for leave and judicial review. Under IRPA section 72, the application must be filed within 15 days of being notified of the decision. The Court first decides on paper whether to grant leave (permission). If leave is granted, a hearing follows.
Judicial review is not a new hearing of your claim. A judge reviews whether the decision was reasonable and procedurally fair, based on the record that was before the decision-maker. If you succeed, the Court usually sends the case back to be decided again by a different member. The Federal Court’s guide to immigration judicial review sets out the forms and steps, and our article on what to do after an immigration refusal explains the process step by step.
Are you protected from removal during judicial review?
It depends on which decision you are challenging:
| Situation | Removal during judicial review? |
|---|---|
| Judicial review of a RAD decision | Usually stayed automatically under IRPR s. 231 until the Court refuses leave or decides the case, with exceptions (for example, serious criminality or a designated foreign national). |
| Judicial review of an RPD decision where there was no RAD appeal | No automatic stay. You may need to bring a motion asking the Federal Court to stay your removal. |
| You asked for an extension of time to file for leave | No automatic stay under IRPR s. 231(4). |
See IRPR section 231 for the exact rule.
Option 3: Reopening the Refugee Claim
In limited cases you can ask the RPD to reopen a claim that was rejected or declared abandoned. Under RPD Rule 62, the application can be made at any time before the RAD or the Federal Court has made a final determination, but the RPD can allow it only if there was a failure to observe a principle of natural justice. Examples include not receiving the notice of hearing, or serious incompetence by former counsel that affected the outcome. The RPD also considers how quickly you applied and why you did not appeal or seek judicial review instead. Allegations against former counsel require you to notify that counsel first.
Option 4: Pre-Removal Risk Assessment (PRRA)
A pre-removal risk assessment is a review by an IRCC officer, before removal, of whether you would face persecution, torture, a risk to your life or a risk of cruel and unusual treatment or punishment if returned. The Canada Border Services Agency (CBSA) notifies people when they are eligible to apply.
The 12-month bar
Under IRPA section 112(2)(b.1), a person whose refugee claim was rejected, withdrawn or abandoned generally cannot apply for a PRRA until 12 months have passed since the last decision on the claim, including any RAD or Federal Court decision. A 36-month period applies where a country designation applies. The Minister can exempt nationals of countries where conditions have changed suddenly; IRCC publishes the current list of PRRA bar exemptions.
Deadlines and the stay of removal
IRCC’s PRRA application instructions state that you must submit the application within 15 days if you receive the form in person, or 22 days if it is mailed to you. A first PRRA application received within the deadline stays removal while it is decided (IRPR s. 162). Include written submissions explaining the specific risks you would face and why they apply to you personally.
What the officer can consider
For a person whose refugee claim was rejected, IRPA section 113(a) limits the PRRA to new evidence: evidence that arose after the rejection or that was not reasonably available or could not reasonably have been expected to be presented. A PRRA is therefore not a second chance to argue the same claim. It is a check on whether something has changed. A hearing is held only in limited circumstances, usually where credibility is central.
If a PRRA is approved, most applicants become protected persons and can apply for permanent residence. If it is refused, you can apply for judicial review in the Federal Court within 15 days, and you may need to ask the Court for a stay of removal.
Option 5: Humanitarian and Compassionate (H&C) Application
An H&C application asks IRCC to grant permanent residence on humanitarian grounds, even though you do not otherwise qualify. Officers weigh factors such as establishment in Canada (work, studies, community ties), family relationships, hardship in your home country and, always, the best interests of any child directly affected.
The 12-month bar and its exceptions
Under IRPA section 25(1.2)(c), IRCC cannot examine an H&C application made within 12 months of the final rejection of your refugee claim. The bar does not apply where:
- removal would have an adverse effect on the best interests of a child directly affected; or
- removal would expose you to a risk to your life because adequate health or medical care is not available in your country.
You also cannot have a pending refugee claim and an H&C application at the same time, and the H&C officer will not assess the refugee risk factors themselves (IRPA s. 25(1.3)). Instead, the officer considers hardship. An H&C application does not automatically stop removal. Learn more on our humanitarian and compassionate applications page.
PRRA vs. H&C: Which Fits Your Case?
| PRRA | H&C application | |
|---|---|---|
| Purpose | Protection from risk on return | Permanent residence on humanitarian grounds |
| Who decides | IRCC officer (PRRA unit) | IRCC officer |
| Waiting period after a refused claim | 12 months (36 if a country designation applies), unless exempt | 12 months, unless a child’s best interests or a serious medical risk is involved |
| Evidence | New risk evidence only, if the IRB already rejected the claim | Establishment, family, hardship, best interests of children |
| Stops removal? | Yes, a first application filed on time | No, not on its own |
| If approved | Protected person, can apply for PR | Permanent residence (after approval in principle and final steps) |
What Changed in 2026: Bill C-12
The Strengthening Canada’s Immigration System and Borders Act (Bill C-12) received royal assent on March 26, 2026. According to IRCC’s announcement, two new eligibility rules now apply to claims made on or after June 3, 2025:
- The one-year rule: a claim is not referred to the IRB if it was made more than one year after the claimant first entered Canada, where that entry was after June 24, 2020 (IRPA s. 101(1)(b.1)). Leaving and re-entering does not reset the clock.
- The 14-day rule: people who entered Canada between official land border crossings and claimed more than 14 days later are not referred.
- People caught by these rules have no IRB hearing and no RAD appeal, but IRCC states they still have access to a PRRA.
Other changes are being phased in through regulations, including treating a claim as abandoned if the claimant returns to the country they fled before a decision. Under the amended IRPA section 49(2), a removal order now takes effect on the day a claim is withdrawn. If you are thinking of withdrawing a claim, get legal advice first.
Deadlines
The Refusal Timeline
Key time limits after a negative RPD decision.
- 1Day 0: you receive the RPD’s written reasons. Write the date down.
- 2Within 15 days: file the notice of appeal to the RAD (or apply for judicial review if there is no RAD appeal).
- 3Within 30 days: perfect the RAD appeal with the appellant’s record and any new evidence.
- 4Within 15 days of a negative RAD decision: apply to the Federal Court for leave and judicial review.
- 512 months after the last decision: PRRA and H&C bars usually expire (exceptions apply).
- 6On a PRRA notice from CBSA: apply within 15 days (22 if mailed) to obtain a stay of removal.
When Removal Is Imminent: Deferral and Stay of Removal
Once all automatic protections have ended, the CBSA can schedule removal. Two emergency remedies may still be available:
- A request to defer removal made to the CBSA removals officer. Officers have limited discretion, generally used for short-term obstacles or a pending application that could be decided soon, and for serious risks that have not been assessed (see Baron v. Canada, 2009 FCA 81).
- A motion for a stay of removal in the Federal Court, usually filed together with an application for leave to challenge a refused deferral request or another decision. The Court applies a three-part test from Toth v. Canada (1988): a serious issue to be tried, irreparable harm if removed, and a balance of convenience in your favour.
These motions are often prepared within days. Our team regularly handles stays of deportation and removal and other urgent immigration litigation.
Common Mistakes After a Refugee Refusal
- Missing the 15-day RAD deadline while trying to find a lawyer or obtain documents.
- Filing a notice of appeal but not perfecting it within 30 days, which can lead to dismissal.
- Submitting “new” evidence that existed before the hearing without explaining why it was not reasonably available.
- Assuming an H&C application stops removal. It does not, on its own.
- Withdrawing the claim without advice. Under the 2026 amendments, the removal order takes effect on the day of withdrawal.
- Ignoring CBSA letters or call-in notices. Missing an interview can lead to an arrest warrant.
- Leaving Canada while a claim or appeal is pending. Under the new rules, returning to the country you fled can lead to the claim being treated as abandoned.
Other Paths to Staying in Canada
A refugee claim is not the only route to permanent residence. Depending on your situation, family sponsorship (for example, through a spousal sponsorship), an economic program or a work permit may open another path for immigration to Canada. Some of these options can be pursued alongside or after the refugee process, but the rules about timing and admissibility are complex, so get a full assessment before applying.
How Lewis & Associates Can Help
Lewis & Associates LLP has represented refugee claimants for more than 30 years, before the RPD, the RAD and the Federal Court of Canada. Our refugee law practice includes RAD appeals, judicial review, PRRA and H&C applications and emergency stays of removal. When deadlines are measured in days, working with an experienced Canada immigration lawyer can make the difference between keeping and losing your options.
If you have received a negative decision, contact us immediately. You can book a consultation, meet our lawyers, or contact our office.
Frequently Asked Questions
How long do I have to appeal a refused refugee claim in Canada?
You have 15 days from the day you receive the RPD’s written reasons to file a notice of appeal to the Refugee Appeal Division, and 30 days from that same day to perfect the appeal by filing your record and arguments.
Can I be deported while my RAD appeal is pending?
Generally no. A removal order against a refugee claimant does not take effect while the time to appeal is running and while a properly filed appeal is pending, and comes into force 15 days after the RAD notifies you that the claim is rejected.
What if I am not allowed to appeal to the RAD?
Claimants without a RAD appeal, for example where the RPD found no credible basis or the claim was declared abandoned, can apply to the Federal Court for leave and judicial review within 15 days. There is no automatic stay of removal in that situation, so a stay motion may be needed.
Can I submit new evidence on appeal?
Only evidence that arose after the RPD decision, was not reasonably available, or could not reasonably have been expected to be presented at the hearing. The RAD may hold a hearing if the new evidence raises a serious credibility issue that is central to the case.
What happens if the Federal Court grants judicial review?
The Court usually sets the decision aside and sends the case back to be decided again by a different decision-maker. The Court does not grant refugee status itself.
When can I apply for a PRRA after my claim is refused?
Usually not until 12 months have passed since the last decision on your claim, including any RAD or Federal Court decision, unless IRCC has exempted your country. CBSA notifies people when they are eligible, and the application must be submitted within 15 days (22 days if the notice is mailed) to stop removal.
Can I file an H&C application after a negative refugee decision?
Generally only after 12 months from the final decision on the claim. The bar does not apply if removal would adversely affect the best interests of a directly affected child, or would put your life at risk because adequate medical care is unavailable in your country.
Does an H&C application stop my removal?
Not by itself. If removal is scheduled while an H&C application is pending, you may need to ask CBSA to defer removal or ask the Federal Court for a stay.
What is the new one-year rule for refugee claims?
Under Bill C-12, which became law on March 26, 2026, claims made on or after June 3, 2025 are not referred to the IRB if they were made more than one year after the claimant first entered Canada (for entries after June 24, 2020). These claimants have no IRB hearing or RAD appeal but can still access a pre-removal risk assessment.
Can I reopen my refugee claim?
Only if there was a failure to observe a principle of natural justice, such as not receiving notice of the hearing or serious incompetence of former counsel. The application must be made before the RAD or the Federal Court has made a final determination.
This article provides general information about Canadian refugee and immigration law as of October 2026 and is not legal advice. Laws, deadlines and procedures change, and the 2026 amendments are still being implemented through regulations. Every case depends on its facts; please contact a qualified lawyer about your specific situation.
