If the IRB-RPD accepts your refugee claim, you are a Convention Refugee or a Protected Person. This means you (and your family inside and outside Canada) can apply for permanent residence. If you live in Quebec, you will also need to apply for a Certificate of Selection of Quebec.
What can I do if the Minister appeals?
The Minister may want a review of the IRB-RPD decision. This means the Minister is appealing your positive decision. To make an appeal, the Minister must show that the IRB-RPD made mistakes in the decision on your refugee claim.
If the Minister appeals within 15 days, you have to put your application for permanent residence on hold.
If the Minister appeals the decision, you will be notified and you will have the chance to respond. When you respond, you will give the reasons why you disagree with the Minister’s appeal.
To respond to the appeal, you or your legal representative 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-RAD office in your region by email, fax, or courier. If you have a legal representative they can do this for you.
- Give the IRB-RAD proof that you sent your documents to the Minister.
After you respond to the appeal by sending in the required documents, the IRB-RAD will usually make a decision without a hearing. In some cases, the Minister may request a hearing.
The IRB-RAD will make one of the following decisions:
- Confirm the IRB-RPD decision. This means your positive decision will remain.
- Disagree with the IRB-RPD decision, and replace it with a new decision.
- Refer your case back to the IRB-RPD and order a new hearing.
Travel outside of Canada
If you plan to travel outside of Canada after you become a refugee or a protected person, you must apply for a Refugee Travel Document with Passport Canada. If the Minister has appealed, do not leave Canada.