Receiving a refusal on a refugee claim in Canada can be devastating. After spending months or even years waiting for a decision, receiving a negative answer can leave you wondering what to do next.
The important thing to remember is that a refused refugee claim does not necessarily mean that you have no legal options.
Depending on your circumstances, there may be avenues to challenge the decision or pursue another form of legal relief. Because immigration and refugee procedures can involve strict deadlines and complex legal requirements, it is important to understand your options as soon as possible.
Why Was My Refugee Claim Refused?
The Immigration and Refugee Board of Canada (IRB) considers several factors when deciding whether a person qualifies for refugee protection.
A claim may be refused for different reasons, including concerns about:
- The credibility of the claimant’s evidence or testimony
- Whether the claimant faces a serious risk in their country of origin
- Whether the alleged persecution meets the legal definition required for refugee protection
- Availability of protection from authorities in the claimant’s home country
- Whether the claimant could safely relocate within their country
- Inconsistencies between testimony, documents, and other evidence
Understanding the specific reasons for the refusal is the first step in determining what may be possible next.
Can You Appeal a Refugee Claim Refusal?
In some circumstances, a refused refugee claim can be challenged before the refugee Appeal Division (RAD).
The RAD can review certain decisions made by the Refugee Protection Division (RPD). However, not every claimant has access to the same appeal process, and eligibility can depend on the circumstances of the case.
There may also be strict deadlines for taking action.
For that reason, you should not assume that you can simply wait and decide what to do later.
What If an Appeal Is Not Available?
Depending on the circumstances, other legal options may exist.
For example, some cases may involve an application for judicial review at the Federal Court. Other immigration or humanitarian considerations may also need to be examined.
The appropriate strategy depends heavily on the facts of the individual case.
A solution that may be appropriate for one person may not be appropriate for another.
Why Legal Advice Matters After a Refusal
Refugee and immigration law can be complicated, particularly when a person is facing removal or has received a negative decision.
A lawyer can help you:
- Review the reasons for the refusal
- Identify potential legal or factual errors
- Explain available appeal or review options
- Determine whether deadlines apply
- Assess the evidence supporting your case
- Explain the risks and possible outcomes
- Help you understand what steps should be taken next
Getting advice early can be particularly important because some immigration procedures have short timelines.
Don’t Ignore a Refugee Refusal
A refusal letter can feel like the end of the road, but it is often the beginning of an important decision-making period.
If your refugee claim has been refused, carefully review the decision and seek qualified legal advice before taking further action. Your next step can depend on the exact decision you received, when you received it, and the details of your immigration history.
Speak With a Toronto Immigration and Refugee Lawyer
Dagmawi Law Professional Corporation provides legal representation and advice in immigration and refugee matters, including proceedings before the Immigration and Refugee Board of Canada and related immigration applications and judicial review matters.
If you have received a refugee refusal and are unsure what to do next, obtaining advice about your individual circumstances may help you understand your options.
Book a consultation with Dagmawi Law to discuss your immigration or refugee matter.