Refugee Appeal Division

The new asylum system includes a Refugee Appeal Division at the Immigration and Refugee Board (IRB).

The Refugee Appeal Division will provide an opportunity for claimants to establish that the Refugee Protection Division decision was wrong in fact or law or both, allow for the introduction of new evidence that was not reasonably available at the time of the Refugee Protection Division process and, in exceptional cases, allow for an oral hearing.

The appeal process will be conducted by Governor in Council (GIC) appointees.

Failed asylum claimants will have a chance to appeal a negative decision. Decisions on most claims are expected within 120 days unless a hearing is held. Decisions on claims from people from designated countries of origin or those with manifestly unfounded claims will be rendered within 30 days unless a hearing is held.

All failed claimants continue to be able to ask the Federal Court to review a negative decision.