Podcast
Questions and Answers
What is the primary purpose of the Refugee Appeal Division (RAD) according to its rules?
What is the primary purpose of the Refugee Appeal Division (RAD) according to its rules?
- To handle all immigration appeals
- To review decisions made by the Refugee Protection Division (RPD) (correct)
- To process new refugee claims
- To enforce immigration laws
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?
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?
- Seek legal advice from a different representative
- File a Notice of Appeal with the RAD within the specified time limit from the date of the RPD decision (correct)
- Request a reconsideration of the RPD decision
- File a new refugee claim with the RAD
According to the RAD rules, what types of evidence can typically be submitted in an appeal?
According to the RAD rules, what types of evidence can typically be submitted in an appeal?
- No new evidence is allowed in the appeal
- Only documentary evidence
- Only new evidence that was not reasonably available at the RPD hearing (correct)
- Any evidence, regardless of whether it was available at the RPD hearing
What does the RAD focus on in its standard of review?
What does the RAD focus on in its standard of review?
If the Minister appeals a positive decision made by the RPD, what should the RCIC be prepared to do?
If the Minister appeals a positive decision made by the RPD, what should the RCIC be prepared to do?
How does the RAD handle new evidence introduced in an appeal?
How does the RAD handle new evidence introduced in an appeal?
What are the requirements for submitting new evidence to the RAD?
What are the requirements for submitting new evidence to the RAD?
What is one potential consequence of missed deadlines for an appeal to the RAD?
What is one potential consequence of missed deadlines for an appeal to the RAD?
What is the status of RAD decisions?
What is the status of RAD decisions?
What should be done when a client lacks documentary evidence for an RAD appeal?
What should be done when a client lacks documentary evidence for an RAD appeal?
What can replace an oral hearing in an RAD appeal?
What can replace an oral hearing in an RAD appeal?
How does the RAD communicate its decisions?
How does the RAD communicate its decisions?
What is the deadline for filing an appeal to the RAD after an RPD decision?
What is the deadline for filing an appeal to the RAD after an RPD decision?
What can the RCIC do if the deadline to file an appeal to the RAD is missed?
What can the RCIC do if the deadline to file an appeal to the RAD is missed?
What grounds can be used for an appeal to the RAD?
What grounds can be used for an appeal to the RAD?
What is the status of the RAD's decision if not set aside or replaced following a judicial review?
What is the status of the RAD's decision if not set aside or replaced following a judicial review?
How can clients participate in RAD hearings if they cannot attend in person?
How can clients participate in RAD hearings if they cannot attend in person?
Who is permitted to represent appellants at the RAD?
Who is permitted to represent appellants at the RAD?
What actions should the RCIC take regarding admissibility of new evidence?
What actions should the RCIC take regarding admissibility of new evidence?
Under what circumstances can the RAD dismiss an appeal without a hearing?
Under what circumstances can the RAD dismiss an appeal without a hearing?
What languages are acceptable for written submissions to the RAD?
What languages are acceptable for written submissions to the RAD?
What happens if an appellant does not respond to a notice from the RAD?
What happens if an appellant does not respond to a notice from the RAD?
What should the RCIC advise clients about regarding withdrawal of their appeal?
What should the RCIC advise clients about regarding withdrawal of their appeal?
What does the RAD allow for clients with language barriers?
What does the RAD allow 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.
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Description
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.
