Refugee Claim Rejected in Canada? Your Next Steps

• By Swati Raj
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Getting a negative decision on your refugee claim can feel like the floor has dropped away. You may have waited months or years, prepared carefully, and told the hardest parts of your story out loud. Now you’re holding a letter that says no.

The short answer: A rejected refugee claim is not always the end of the road. In many cases you can appeal to the Refugee Appeal Division (RAD), but the deadlines are very short. You generally have 15 days from receiving the written reasons to file a notice of appeal. If you can’t appeal, or if the appeal fails, other options may still exist, such as judicial review at the Federal Court, a Pre-Removal Risk Assessment (PRRA) or a humanitarian and compassionate (H&C) application. Which options apply to you depends on your situation.

This guide explains what happens after a refusal, in the order you’re likely to face it. If you’re feeling overwhelmed, our post on coping with the stress of a refugee claim may help. Here we focus on the practical steps.

First, Take a Breath (Then Check the Date)

Please don’t wait. The most important thing you can do right now is find the date you received the decision and its written reasons, because almost every deadline starts from that date.

Do these three things today:

1. Write down the date you received the decision, and keep the envelope, email or portal notice that shows it.
2. Read the whole decision, not just the first page. The reasons explain why your claim was refused, and that is what any appeal will focus on.
3. Talk to a licensed professional or legal aid clinic quickly. Waiting a week to “think about it” can use up half your appeal time.

Step 1: Understand Why Your Claim Was Rejected

Refusals are rarely random. The Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) usually rejects claims for a handful of reasons:

• Credibility. The member didn’t believe parts of your story, often because of inconsistencies between your Basis of Claim form, your interview and your testimony.
• State protection. The member decided your government could protect you, so you didn’t need Canada’s protection.
• Internal flight alternative (IFA). The member found you could safely live in another part of your country.
• No link to a protected ground. The harm you described didn’t connect to race, religion, nationality, political opinion or membership in a particular social group, or didn’t amount to the level of risk the law requires.
• Lack of evidence. Key documents were missing, unclear or not accepted as reliable.
• Identity concerns. The member wasn’t satisfied about who you are.

Understanding the reason matters, because it shapes your strategy. If the problem was a translation error or a misunderstood date, that is very different from a finding that you could relocate safely. Our guide on how to prepare while waiting for your IRB hearing covers how these issues are usually built, and avoided, before the hearing.

Step 2: Know Your Deadlines

Deadlines are where many people lose their rights. Here are the main ones in a typical case. Your own timeline may differ, so check with a professional.

What	Deadline
File a notice of appeal to the RAD	No later than 15 days after you received the written reasons for the RPD decision
File your appellant’s record at the RAD	No later than 45 days after you received the written reasons
Ask the Federal Court for leave for judicial review of a RAD decision	Generally within 15 days of being notified of the decision
Apply for a PRRA to get an automatic stay of removal	Within 15 days of receiving the PRRA notification
Wait before you can apply for a PRRA after a refusal	Usually 12 months from the final negative decision

If you miss the RAD deadline, you can ask for permission to file late, but you’ll need to give a reason, and there’s no guarantee. Treat every deadline as final.

The Refugee Appeal Division (RAD)

The RAD is a separate division of the IRB that reviews decisions made by the RPD. It is your first and most important option in most cases.

What the RAD can do. After reviewing your appeal, the RAD can confirm the RPD’s decision, set it aside and replace it with its own decision (for example, finding that you are a refugee), or send the case back to the RPD for a new hearing with a different member.

How it works. Most RAD appeals are decided on paper, without a new hearing. You or your representative file a notice of appeal, then your appellant’s record, which includes your written arguments about what the RPD got wrong and any evidence you’re allowed to submit. The Minister may also take part in some appeals.

New evidence is limited. You can’t simply add new documents because you found them later. In general, the evidence must have arisen after the RPD decision, or not have been reasonably available to you at the time. That’s why it’s so important to build your file properly before the hearing.

Who cannot appeal. You can’t appeal to the RAD in certain situations, for example if your claim was withdrawn or abandoned. The IRB lists the current exceptions in its guide for appellants. Check it against your own case.

What Happens to Your Removal Order?

When you make a claim, you are given what’s called a conditional removal order. It sits in the background while your claim is decided. If your claim is accepted, it disappears. If your claim is refused, it can become active.

In general:

• If you have the right to appeal to the RAD, the removal order does not come into force while you’re within the time to appeal. If you file an appeal, it generally waits until 15 days after you’re notified of a negative RAD decision.
• If you have no right to appeal, the removal order can come into force 15 days after you’re notified of the RPD decision.
• Once an order is in force, the Canada Border Services Agency (CBSA) has a duty to enforce it as soon as reasonably practicable.

Many failed claimants receive a departure order, which usually means you must leave Canada within 30 days and confirm your departure with CBSA. If you don’t, it can turn into a deportation order, which makes returning to Canada much harder. The type of order you have and the dates on it matter, so read yours carefully.

What If the RAD Rejects Your Appeal?

A negative RAD decision is not always final either. You may be able to ask the Federal Court of Canada for a judicial review.

Judicial review is different from an appeal. The court does not re-decide whether you are a refugee. It looks at whether the decision-maker made a legal error or acted unreasonably, or whether the process was unfair. If the court agrees, it usually sends the case back for a new decision, not straight to a refugee approval.

Some important points:

• You must first ask for permission (leave) from the court, and leave is not granted in every case.
• The deadline is very short, generally 15 days.
• A stay of removal may apply automatically in some situations, but in others you must ask the court for one. Don’t assume you’re protected.
• You usually need a lawyer to represent you in Federal Court.

You can read general information on the Federal Court website.

The Pre-Removal Risk Assessment (PRRA)

If your removal order is in force, you may be able to apply for a PRRA. This is a separate risk assessment done by IRCC, not the IRB. It looks at whether you would face danger if sent back to your country.

Two rules catch people off guard:

• The 12-month wait. After a negative refugee decision, you generally cannot apply for a PRRA until 12 months have passed since the final decision. There are exceptions, so check your case.
• The 15-day window. When you receive a PRRA notification, applying within 15 days can give you an automatic stay of removal. Applying later may still be possible, but without that stay.

A PRRA is not a second refugee hearing. It focuses on new risks or evidence that wasn’t before the first decision-maker, and approval rates are low. That’s why careful preparation matters. We explain the process in our guides on how to apply for a Pre-Removal Risk Assessment and what to do when you receive a PRRA notification. If a PRRA has already been refused, see why a PRRA gets refused and how to respond.

Humanitarian and Compassionate (H&C) Applications

Another option is an application to stay in Canada on humanitarian and compassionate grounds. An officer looks at the full picture of your life: how established you’ve become in Canada, family ties, the best interests of any children, the hardship you’d face if you left, and conditions in your home country.

There are two things to know up front:

• H&C is discretionary. Officers have room to say no, even when your story is compelling.
• After a refused refugee claim, a waiting period of about 12 months can apply before an H&C application is considered, with limited exceptions. Check this carefully before you file.

H&C works best when the application is well documented. Evidence of your work, community involvement, family and settlement carries real weight. If your claim was refused but your life in Canada is deeply established, this may be a route worth discussing.

What About Work, Health Coverage and Housing?

Your day-to-day situation can change after a refusal. Your work permit, your health coverage and any government support may be tied to your claim, and what happens to them depends on whether you appeal and whether a removal order is in force. Don’t assume anything continues automatically. Check the expiry dates on your permit, and speak to a professional before you make financial or housing decisions based on your status.

If You Decide to Leave

Some people decide, after thinking it through, that they would rather leave Canada than continue. That is a personal decision and a valid one.

If you do, how you leave matters. With a departure order, you generally need to leave within the time allowed and confirm your departure with CBSA so it’s on record. If you don’t, you risk a deportation order, which can make it very difficult to come back to Canada in the future without special permission. If you may want to return one day, talk to a professional before you go.

Common Mistakes to Avoid

1. Waiting too long. Fifteen days passes quickly. Many people lose their right to appeal simply because they hesitated.

2. Not reading the reasons. The written reasons are the roadmap for your appeal. Appeals that ignore them rarely succeed.

3. Trying to retell your whole story. The RAD usually asks whether the RPD made an error, not whether it likes your story better. Focus on the mistakes in the decision.

4. Submitting evidence that isn’t allowed. Late evidence is only accepted in limited cases. Don’t count on it.

5. Ignoring the removal order. Even if you’re hopeful about an appeal, understand exactly when your order comes into force.

6. Missing a mailed or portal notice. Keep your address updated with the IRB and IRCC, and check your account often.

7. Relying on unlicensed advice. Only licensed lawyers and regulated immigration consultants can represent you for a fee. A bad strategy can close options that were open to you.

8. Giving up. Many people stop because they assume nothing can be done. Check with a professional before you decide that’s true.

How to Strengthen Your Next Step

Whatever route you choose, a few habits make a real difference:

• Request and review the hearing record. If the credibility finding turned on something said at the hearing, your representative will want to review the recording or transcript.
• Gather evidence early. Country conditions reports, medical or psychological reports, identity documents, letters from witnesses and proof of any events you described can all matter.
• Fix inconsistencies where you can. If there was a misunderstanding or translation problem, explain it clearly and support it with evidence.
• Keep a clean record. Show up to every appointment, follow every instruction, and keep copies of everything you file.
• Stay organized. A simple folder with dates, receipts and letters helps everyone working on your case.

If your claim ever ends with approval, you’ll want to be ready for the next stage, which we cover in how to go from a refugee claim to Canadian PR.

How a Licensed Professional Can Help

After a refusal, there’s no time to experiment. A licensed professional can read your decision, tell you honestly which routes are open, check every deadline and prepare your documents.

At Real World Immigration, our team in Brampton, Ontario, supports refugee claimants and people facing removal. We’ll explain what is realistic for your situation, including when the answer is not what you want to hear. Some steps, such as Federal Court proceedings, must be handled by a lawyer, and we’ll tell you clearly when that’s the case. To learn about our support, visit our Refugee and Asylum service page, or contact us as soon as you receive your decision.

Key Takeaways

• A rejected claim is not always final. You may be able to appeal to the RAD, but the notice of appeal is generally due 15 days after you receive the written reasons.
• Your appellant’s record is due within 45 days, and late filing is only allowed in limited situations.
• Some people cannot appeal, for example if their claim was withdrawn or abandoned.
• Other paths may exist, including Federal Court judicial review, a PRRA (usually after a 12-month wait) and an H&C application.
• Understand your removal order and the dates it takes effect. Don’t assume you’re protected.
• Get advice from a licensed professional as early as you can, and always confirm current rules with the IRB and IRCC.