24 Questions
What is the primary purpose of the Refugee Appeal Division (RAD) according to its rules?
To review decisions made by the Refugee Protection Division (RPD)
An RCIC is representing a client whose refugee claim was denied by the RPD. What is the first step the RCIC should take according to the RAD rules?
File a Notice of Appeal with the RAD within the specified time limit from the date of the RPD decision
According to the RAD rules, what types of evidence can typically be submitted in an appeal?
Only new evidence that was not reasonably available at the RPD hearing
What does the RAD focus on in its standard of review?
Errors in law or fact, or breaches of natural justice
If the Minister appeals a positive decision made by the RPD, what should the RCIC be prepared to do?
Defend the RPD's decision and address any legal arguments raised by the Minister
How does the RAD handle new evidence introduced in an appeal?
By filing a motion explaining its relevance and demonstrating that it was not reasonably available at the time of the RPD hearing
What are the requirements for submitting new evidence to the RAD?
The new evidence should be directly related to the grounds of appeal and should be submitted with certified translations for evidence in foreign languages
What is one potential consequence of missed deadlines for an appeal to the RAD?
Dismissal of the appeal
What is the status of RAD decisions?
Final except for judicial review by the Federal Court
What should be done when a client lacks documentary evidence for an RAD appeal?
Focus on a compelling narrative based on the client's testimony, corroborating evidence, and legal arguments
What can replace an oral hearing in an RAD appeal?
A written submission only
How does the RAD communicate its decisions?
In writing with reasons provided
What is the deadline for filing an appeal to the RAD after an RPD decision?
30 days
What can the RCIC do if the deadline to file an appeal to the RAD is missed?
File a motion to extend the time limit with reasons and proof
What grounds can be used for an appeal to the RAD?
Errors in law or fact in the RPD's decision
What is the status of the RAD's decision if not set aside or replaced following a judicial review?
It is final and binding
How can clients participate in RAD hearings if they cannot attend in person?
They can participate through teleconference or other means
Who is permitted to represent appellants at the RAD?
Both lawyers and RCICs
What actions should the RCIC take regarding admissibility of new evidence?
Assess the admissibility of new evidence if it was available at the time of the RPD hearing
Under what circumstances can the RAD dismiss an appeal without a hearing?
If it deems the appeal to have no reasonable chance of success or if the appellant is from a designated safe country
What languages are acceptable for written submissions to the RAD?
Either English or French
What happens if an appellant does not respond to a notice from the RAD?
The appeal is considered abandoned
What should the RCIC advise clients about regarding withdrawal of their appeal?
Withdrawal may have consequences and should be done in writing with potential consequences discussed.
What does the RAD allow for clients with language barriers?
The RAD can provide accommodations for clients with language barriers
Study Notes
- The RCIC should advise clients about the possibility of judicial review by the Federal Court after an RPD decision, subject to obtaining leave from the Court.
- Under the RAD rules, the deadline to file an appeal is generally 30 days from the RPD decision.
- If the deadline to file an appeal to the RAD is missed, the RCIC can file a motion to extend the time limit with reasons and proof of it being in the interests of justice.
- The RAD can dismiss an appeal without a hearing if it deems the appeal to have no reasonable chance of success, or if the appellant is from a designated safe country.
- The RAD rules allow for confidential handling of sensitive information and protection of the client's privacy and safety.
- Lawyers and RCICs are permitted to represent appellants at the RAD.
- Grounds for appeal include errors in law or fact in the RPD's decision.
- The RCIC should assess the admissibility of new evidence if it was available at the time of the RPD hearing.
- The RAD's decision is final and binding unless set aside or replaced following a judicial review.
- The RAD may conduct oral statements or allow for the use of interpreters for clients who cannot write or speak English or French.
- Clients cannot attend the RAD hearing in person can participate through teleconference or other means.
- Written submissions to the RAD must be submitted in the prescribed format and can be either English or French.
- The RCIC should advise clients that they can withdraw their appeal in writing with potential consequences discussed.
- If an appellant does not respond to a notice from the RAD, the appeal is considered abandoned.
- The RAD can provide accommodations for clients with language barriers.
Prepare for the CICC exam with these study questions based on the Refugee Appeal Division (RAD) rules. Test your knowledge of the primary purpose and functions of RAD, as well as its role in the refugee protection process.
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