Refugee Appeals in Canada: Expert Representation for a New Beginning

Welcome to Cougar Immigration, your trusted partner in refugee appeals in Canada. Our experienced team of immigration lawyers is dedicated to providing expert representation for individuals seeking refuge and protection in Canada. We understand the complexities of the refugee appeals process and are here to guide you every step of the way.

Navigating the Refugee Appeals Process:

When a refugee claim is denied, it is essential to exercise your right to appeal. At Cougar Immigration, we have in-depth knowledge of the Refugee Appeal Division (RAD) and understand the importance of presenting a compelling case to overturn the initial decision. We will carefully review your case, gather relevant evidence, and develop strong legal arguments to support your appeal.

Expert Representation for RAD Hearings:

Our team of skilled lawyers has extensive experience representing clients at RAD hearings. We will prepare you for the hearing, ensuring that you are confident and well-informed about the process. Our goal is to present your case effectively, highlighting the reasons why you deserve refugee protection in Canada. We will advocate for your rights and interests throughout the entire appeals process.

Appealing to the Federal Court:

In some cases, a further appeal to the Federal Court may be necessary. If your refugee appeal is unsuccessful at the RAD, we can assist you in preparing and filing an application for leave to appeal to the Federal Court. Our experienced lawyers will meticulously review your case, identify any legal errors, and craft persuasive arguments to seek permission to proceed with your appeal.

Refugee Appeals in Canada

Our practitioners at Cougar have the knowledge and the experience to prepare your refugee appeal and to provide effective and vigorous representation before the Refugee Appeal Division and the Federal Court.

You have 15 days from the date you receive the decision refusing your refuge claim to initiate the appeal process so that your removal order can be automatically stopped. Failing to file the appeal in time allows your removal order to become enforceable.

Upon hiring Cougar, we will immediately contact the Refugee Board to obtain a transcript of your refugee hearing. Having a transcript of the hearing will allow our lawyers to review the mistakes that the Board Member has made and formulate your grounds of appeal effectively and persuasively.

The Refugee Appeal Division

The Refugee Appeal Division (‘RAD’) gives most claimants a chance to prove that the Refugee Protection Division decision was wrong in fact or law or both. It also permits claimants to introduce new evidence that was not reasonably available at the time of the Refugee Protection Division process.

The appeal is paper-based, but oral hearings are permitted in some cases. Decisions on most appeals are expected within 90 days unless an oral hearing is required.  However, over the past year, these timelines have been extended to over one year. Failed claimants before the RAD can still ask the Federal Court to review a negative decision.

Refugee determination involves a complex process of applying a legal definition to facts about country situations that can be interpreted in different ways. Decision-makers do not necessarily come up with the same answer, which can result in serious inconsistencies. 

Cougar immigration and refugee practitioners have the necessary experience to identify these inconsistencies on your refugee appeal based on a review of the relevant case law and legislation.

Please note, however, that not all claimants can appeal the decision rejecting their claim for protection to the RAD. Claimants who are barred from pursuing an appeal before the RAD may instead seek a judicial review before the Federal Court.

To determine whether you can appeal your negative refugee decision or to obtain more information on pursuing an appeal before the Refugee Appeal Division, please contact Cougar to schedule a consultation with one of our skilled immigration and refugee lawyers.

Refugee Claims

If you or someone you know is in Canada and is afraid to return to their country of nationality or former habitual residence, you are familiar with the anxiety caused by the knowledge that you may not be able to remain safely in Canada forever. Fortunately, if you are already in Canada, you may have the ability to claim Refugee protection here and have your claim adjudicated by a panel of the Immigration and Refugee Board, an independent tribunal. A claim for refugee protection will be determined following a formal, quasi-judicial proceeding at which all of the evidence that you have to support the reasons why you can’t go back to your home country will be considered. You’ll have the right to be represented by counsel as well as the right to call witnesses to testify on your behalf.

At the conclusion of your refugee hearing, if it is satisfied that you have a well-founded fear of persecution in your country of nationality or former habitual residence on the basis of your race, religion, membership in a particular social group or your political opinion, you will be granted this protected status in Canada. This means that you may not be asked to leave Canada and return to the country in which you fear persecution, except in very limited circumstances. This protection from the return of “refoulment” is invaluable, as it will grant you the legal right to apply for permanent residence status from within Canada and eventually become a Canadian Citizen.

In the event that your refugee claim is denied, you may have a right to appeal that refusal to the Refugee Appeal Division or to seek leave for judicial review against that refusal in the Federal Court of Canada.

Compassionate and Supportive Approach:

At Cougar Immigration, we understand that the refugee appeals process can be emotionally challenging. Our team is committed to providing compassionate support and guidance during this difficult time. We will listen to your concerns, answer your questions, and ensure that you feel supported throughout the entire process. Your well-being and success are our top priorities.

Contact Cougar Immigration:

If you are considering a refugee appeal in Canada, contact Cougar Immigration today for a consultation with one of our experienced immigration lawyers. We will assess your case, provide expert advice, and develop a personalized strategy tailored to your unique circumstances. Trust us to provide you with the highest level of service and representation as we fight for your refugee protection in Canada.