What can I do it I get a negative decision at my refugee hearing?
If you get a negative decision on your refugee claim, you might be able to make an appeal to the Immigration and Refugee Board. This means that a different board member will look at your case and at the decision. They will decide if they agree with the first decision or if they want to give you a positive decision instead. They might also decide to give you a new hearing with a new board member.
What steps should I take?
1. Get legal help quickly! Contact your lawyer and your Designated Representative (if you have one) to ask them what your options are. You only have 15 days to tell the government that you want to appeal.
2. Send your lawyer any documents or other information that that need for your appeal.
3. Wait for a decision. You will probably not have a hearing for your appeal.
You should know:
•Some refugee claimants cannot make an appeal to the Immigration and Refugee Board. This mostly commonly applies to people who were allowed to make a refugee claim at a land border between Canada and USA. Check with your lawyer to know if you can make an appeal.
• If you cannot appeal, you might be able make another application, called a “Judicial Review.” This application will ask a judge from the Federal Court of Canada to look at your decision. The judge can decide to give you a new refugee hearing at the Immigration and Refugee Board.
Read more about doing an appeal on this website.