May 10, 2024

Successful RAD appeal

We recently represented a client whose refugee claim was refused and the client retained our office to appeal the negative decision to the Refugee Appeal Division (RAD). Further to our thorough and extensive review of the appellant’s documents presented in support of their refugee claim and transcript of the hearing, we were able to show that the Member of the Refugee Protection Division (RPD) made a number of errors in their assessment of evidence, misconstrued the Appellant’s testimony and failed to properly apply Chairperson Guidelines. We argued that the Appellant does in fact fall under the definition of Convention Refugee or a Person in Need of Protection based on their personal profile. We were very happy to learn that the RAD Member agreed with our arguments, found the Appellant to be a person in need of protection, and overturned the decision of the RPD Member.