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.