Your Refugee Claim is Accepted

If IRB-RPD accepts your refugee claim, you are a Refugee or a Protected Person and you (and your family inside and outside Canada) may apply for permanent residence.

The Minister may want a review of the IRB-RPD decision. If they appeal within 15 days, you have to put your application for permanent residence on hold.

What can I do if the Minister appeals?

If the Minister appeals the decision, they send you a Notice of Appeal. You can respond and give reasons why you disagree with the appeal. For example: 

  • some evidence was ignored,
  • you have new evidence,
  • there were mistakes in the translation, or
  • your country conditions have changed.

The appeal process is complicated. It is a good idea to find a legal representative to help you stay as a refugee or a protected person in Canada.

To respond to the appeal, you must:

  • Prepare a Notice of Intent to Respond.
  • Prepare a Respondent’s Record with the reasons why you disagree and any supporting documents.
  • Send a copy of both of these documents to the Minister and to the IRB-RPD or the IRB-RAD by email, fax, or courier.
  • Give the IRB-RPD or the IRB-RAD written proof that you sent your documents to the Minister.
  • Make sure that all your documents are in the right format.
  • Send your documents on time. You have 15 days to send them from the day you get:
    • the supporting document from the Minister, or
    • a notice from the IRB that you can have more time.

See the Immigration and Refugee Board of Canada – Refugee Appeal Division (IRB-RAD) website for more information.

Travel outside of Canada

If you plan to travel outside of Canada after you become a refugee or a protected person, apply for a Refugee Travel Document with Passport Canada. If the Minister has appealed, do not leave Canada.