The Immigration and Refugee Board of Canada (IRB) currently lists the refugee appeal deadlines as 15 days to file a Notice of Appeal and 45 days to perfect an appellant’s record for a Refugee Appeal Division (RAD) appeal. The Immigration and Refugee Protection Regulations set a general 30-day record period, while the IRB’s current practice notice extends the perfection period to 45 days “until further notice.” The 15-day notice deadline remains separate. Check the actual decision, how and when it was received, and the current instructions before relying on a date.
A refugee-appeal preparation sequence
- Receipt
Preserve the decision, reasons and delivery record.
- Route
Assess whether a RAD appeal is available.
- Notice
Address the current notice filing requirement.
- Record
Prepare the separate appellant record and grounds.
- Other proceedings
Identify enforcement or court questions needing separate advice.
This original planning diagram separates questions. It is not an eligibility result or a prediction.
Start with the decision and the evidence of receipt
Collect the written decision, reasons and the message or envelope that delivered them. The applicable filing instructions and receipt information matter more than a remembered hearing date. Record when the decision reached you and any representative. Do not estimate a deadline from a friend's experience or an old article with different instructions.
Have a qualified professional review the complete package promptly. If several family members have decisions or separate proceedings, identify each file rather than assuming one date covers everything. This article explains the current public instructions but does not calculate a person's legal deadline. Keep a copy of every filing and proof of delivery throughout the process.
For related information, see our PRRA guide and Protection & IRB topic page.
Read the source summary: IRB: filing a refugee appeal.
How do the notice and appellant-record deadlines differ?
The notice and the appellant’s record are separate filings. Under the general rule in section 159.91 of the Immigration and Refugee Protection Regulations, an appellant normally has 15 days after receiving written reasons to file the notice and 30 days to perfect the appeal. The IRB’s current practice notice extends the record-perfection period to 45 days until further notice; it does not change the 15-day notice period. The 30-day regulatory text and the temporary 45-day practice direction should therefore be read together.
For written reasons sent by mail, the current practice notice says they are deemed received seven days after mailing. Preserve the envelope or electronic delivery record and confirm the date used in the actual file. If the deadline cannot be met, the IRB directs appellants to make a formal extension request before the deadline or without delay afterward. Do not treat an informal phone call or email as an extension request, and do not assume a request has been granted. Read the IRB practice notice summary.
The IRB’s general filing page and current practice notice differ on whether the extension request needs a signed affidavit or statutory declaration: the practice notice temporarily waives that signature requirement. Follow the current form and practice notice at filing, and obtain advice about the evidence the request should include.
Read the source summary: IRB: filing a refugee appeal.
Confirm whether the RAD route is available
Section 110 of the Immigration and Refugee Protection Act (IRPA) contains the RAD appeal rights and exclusions. The exact wording and the legal basis of the decision control. Among other cases, the Act excludes certain decisions involving designated foreign nationals, claims withdrawn or abandoned before the RPD, decisions that find no credible basis or are manifestly unfounded, specified Safe Third Country Agreement referrals, claims by nationals of a designated country of origin, and decisions allowing an application to cease or vacating a refugee-protection decision. This is a guide to common statutory exclusions, not a complete eligibility test.
Before deciding there is a RAD route, check the decision’s legal provision, the person’s circumstances and the current Act. Bring the full decision, reasons, RPD record and any earlier procedural documents to a qualified adviser. If an appeal is unavailable, ask promptly about the lawful options that actually apply. Do not assume another application keeps someone in Canada or replaces an appeal.
Read the source summary: IRPA section 110: Refugee Appeal Division.
An appeal needs identified errors and the supporting record
An appeal submission should identify the alleged error and connect it to the decision and evidence. Disagreeing with a result is not the same as explaining why the decision should be changed. Start with the reasons actually given rather than a generic argument prepared for another claimant. Keep each issue tied to the part of the record that supports it.
Create a working index of the decision, hearing material, exhibits and relevant correspondence. This is an organising suggestion, not a substitute for legal analysis. If a translation or factual explanation is disputed, preserve the original material and obtain advice about how to raise it properly. Do not change earlier evidence to make it fit a new argument.
Read the source summary: IRPA section 110: Refugee Appeal Division.
New evidence has limits
Section 110 contains conditions for presenting new evidence on a RAD appeal. The ability to provide a new document is not unlimited, and an appeal should not be described as a chance to rebuild the original claim without restrictions. A professional must assess the actual document, when it became available and why it was not previously provided.
Keep a dated account of how new material was obtained. Preserve the original message, author and context rather than only a screenshot. Ask whether translation, authenticity or admissibility questions need attention. Do not manufacture evidence, backdate a letter or assume that a dramatic document will be accepted because it appears useful to the argument.
Read the source summary: IRPA section 110: Refugee Appeal Division.
Know the possible decisions without predicting one
IRPA section 111 identifies the RAD's powers, including confirming a determination, substituting a determination or referring the matter back for redetermination, subject to the statute. These are different outcomes. An appeal is not a guaranteed new hearing, and a referral back is not the same as a final positive refugee decision.
When discussing an outcome, ask what it would mean procedurally and what further steps may follow. Keep decisions and notices in the file even where another proceeding begins. Avoid planning on a result that has not occurred. The appeal needs to be assessed on its actual grounds and record, rather than on a general description of the outcomes available in law.
Read the source summary: IRPA section 111: RAD decisions.
Keep removal questions separate from the filing checklist
Do not assume that every appeal filing or other application automatically suspends enforcement. Removal consequences depend on the person's actual decision, appeal rights and applicable legal provisions. If a removal notice or enforcement communication exists, show it to a qualified adviser immediately rather than relying on an article's description of a different situation.
Keep a separate page for enforcement dates and correspondence so they are not lost in the evidence index. A response to the RAD and a request concerning removal may involve different decision-makers and legal issues. This draft does not offer tactics to avoid examination or decide whether a particular person has a stay. It identifies the question that needs individual legal attention.
Distinguish IRB representation from Federal Court proceedings
Representation before the IRB is optional, but the appellant remains responsible for meeting filing deadlines. A person who is paid or receives other consideration to represent someone before the IRB must be an authorised lawyer or law-society paralegal, a Quebec notary, or a College of Immigration and Citizenship Consultants licensee in good standing. A friend, relative or community member may represent someone without a fee, but the IRB’s Notice of Representation Without a Fee must be filed. Check the IRB’s current representation instructions before appointing anyone. Read the IRB representation summary.
The RAD is part of the IRB. Federal Court judicial review is a separate process. The Court’s representation rules differ, and an RCIC licence does not authorise representation in Federal Court. Obtain qualified lawyer advice promptly if a court deadline may apply; do not assume an immigration retainer includes court work.
Read the source summary: Federal Court: who may represent you.
A deadline-and-record worksheet
This is an original blank worksheet, not a client account or a government checklist. Add truthful facts and mark unresolved points for advice.
| Question | Record to bring | What still needs an answer |
|---|---|---|
| What was received? | Decision, reasons, message or envelope. | Which receipt information governs the actual deadline? |
| What must be filed? | Current IRB instructions and any file-specific notice. | Are notice and appellant record separately calendared? |
| What error is alleged? | Decision paragraph and relevant record. | What evidence supports the argument? |
| What else is active? | Enforcement, court or related family correspondence. | Does a separate professional or process need attention? |
An original filing exercise
Imagine a decision package received on a Monday while a family member is reading an older guide that says 30 days for the record. This is an original planning exercise, not a calculation for a real appellant. The first task is to preserve receipt information and read the current IRB instructions, not to choose the deadline that seems more convenient.
Separate the notice and record tasks in the exercise. Add the documents already available, the records that need to be obtained and the questions about appeal entitlement. Record who is responsible for each action. A checklist can expose missing information without implying that completing the checklist guarantees an accepted appeal.
Finally, add an enforcement letter to the hypothetical file. Keep that question separate and obtain advice about its effect. The exercise shows why a deadline-first review must look beyond a single appeal form while avoiding an invented story about how the office handled a successful case.
Questions about refugee appeals
Is the RAD appellant-record deadline 30 or 45 days?
The regulation states a general 30-day period, while the IRB’s current practice notice extends the time to perfect the appellant’s record to 45 days until further notice. The 15-day notice deadline is separate. Check current instructions and the actual delivery record.
Can every refused claimant appeal to the RAD?
No. Section 110 excludes several categories. The exact decision and statutory basis must be checked.
Do I need a representative?
Representation at the IRB is optional. Paid representatives must be authorised; a free representative must follow the IRB’s filing instructions. The appellant remains responsible for deadlines.
Does filing an appeal always stop removal?
No general answer applies to every case. The effect depends on the decision and statutory provisions, so get advice about the actual notice and appeal route.
Can I submit any new document?
No. New-evidence conditions apply; preserve when and how the material became available.
Is Federal Court part of an RCIC appeal retainer?
Do not assume so. Court proceedings require separate attention to the Court’s representation rules and qualified lawyer advice.
General information only. Requirements can change and no outcome is guaranteed. IRCC, ESDC, the IRB, provincial authorities or the courts make decisions within their responsibilities.
Official-source summaries
These are original summaries for this guide, not government text. Read a summary here or open the original separately.
IRB: filing a refugee appeal
Current IRB instructions say 15 days for the notice of appeal and 45 days for the appellant record. They explain extension requests and the evidence-based appeal process. The planning brief’s 30-day record statement is not repeated.
Opened October 21, 2026. Page date: 2026-09-29.
IRPA section 110: Refugee Appeal Division
The provision addresses RAD appeal rights, exclusions and limited new evidence. A negative RPD decision does not mean every claimant has the same appeal route.
Opened October 21, 2026. Act current to 2026-09-21; last amended 2026-03-26.
IRPA section 111: RAD decisions
The Act identifies the RAD’s decision powers, including confirming, substituting and referring a matter for redetermination, subject to its provisions.
Opened October 21, 2026. Act current to 2026-09-21; last amended 2026-03-26.
Federal Court: who may represent you
A person may represent themselves or be represented by a lawyer in the specified Federal Court proceedings. An RCIC licence does not authorise court representation.
Opened October 21, 2026. Page date: not established in retrieved page.
Immigration and Refugee Protection Regulations: section 159.91
The regulation sets a 15-day period for filing the Notice of Appeal and a general 30-day period to perfect the appeal. Read it together with the IRB practice notice that currently extends the record period to 45 days until further notice.
Opened October 21, 2026.
IRB practice notice: extending the time to perfect an appeal
The IRB says the 45-day record period remains in force until further notice. It explains the seven-day deemed-receipt rule for mailed reasons, formal extension requests, and a temporary waiver of the signature requirement for supporting affidavits or statutory declarations.
Opened October 21, 2026.
IRB: representation at the Refugee Appeal Division
Representation is optional. Paid representatives must be authorised under the applicable rules; unpaid representatives must follow the IRB filing requirements. Appellants remain responsible for their deadlines.
Opened October 21, 2026.
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