Our Ottawa immigration and refugee lawyers at Gerami Law PC have the knowledge and experience to prepare your refugee appeal and to provide effective and vigorous representation on your behalf before the Refugee Appeal Division.
You have 15 days from the date you receive the refugee refusal decision (on your refugee claim) to initiate the appeal process in Federal Court, so that your removal order can be automatically stopped. Failing to file the appeal in time allows your removal order to become enforceable.
Upon hiring Gerami Law PC refugee lawyers, we will immediately contact the Refugee Board to obtain a transcript of your refugee hearing. Having a transcript of the hearing will allow our lawyers to review the mistakes that the Board Member has made and formulate your grounds of appeal effectively and persuasively.
The Refugee Appeal Division:
- gives most claimants a chance to prove that the Refugee Protection Division decision was wrong in fact or law or both, and
- lets new evidence be introduced that was not reasonably available at the time of the Refugee Protection Division process.
The appeal is paper-based, but oral hearings are permitted in some cases. Decisions on most appeals are expected within 90 days unless an oral hearing is required. All failed claimants can still ask the Federal Court to review a negative decision.
Refugee determination involves a complex process of applying a legal definition to facts about country situations that can be interpreted in different ways. Decision-makers do not necessarily come up with the same answer, which can result in serious inconsistencies. Gerami Law PC refugee lawyers have the necessary experience to identify these inconsistencies on your refugee appeal based on a review of the relevant case law and legislation.
Please note, the following failed refugee claimants are not eligible to appeal to the Refugee Appeal Division:
- individuals from a designated country of origin
- those with a manifestly unfounded claim as decided by the IRB
- those with claims with no credible basis as decided by the IRB
- claimants who are subject to an exception to the Safe Third Country Agreement
- claims referred to the IRB before the new asylum system comes into force and re-hearings of those claims as a result of review by the Federal Court
- individuals who arrive as part of a designated irregular arrival
- individuals who withdrew or abandoned their refugee claims
- those cases in which the Refugee Protection Division at the IRB has allowed the Minister’s application to vacate or cease their refugee protection
- those with claims deemed rejected because of an order of surrender under the Extradition Act
- those with decisions on PRRA applications
For more information concerning your Refugee Appeal please contact one of Gerami Law PC’s refugee lawyers.