How to Complete your Appeal to the Refugee Appeal Division


In Video 1 you learned basic information about
the Refugee Appeal Division (or “the RAD”). In Video 2 you learned how to file your Notice
of Appeal. Now it’s time to learn how to complete your
appeal. We call it “perfecting” your appeal. “Perfecting” your appeal means that you
complete an Appellant’s Record. The RAD will not look at your case if you
have not completed the Appellant’s Record. Timing is very important. As soon as you’ve submitted the Notice of
Appeal, you need to prepare all of the documents that you want to use in your appeal. You have to point out all the mistakes you
think the Refuge Protection Division, or RPD, made when it turned down your refugee claim. Use the document called the ‘Appellant’s
Memorandum’ to do this. If you are able to hire counsel to assist
you, we recommend that you do, because this part of the appeal normally involves legal
issues. Gathering Documents In order to perfect your appeal, you’ll
need to refer to a number of documents. To do this, you should gather: The RPD Notice of Decision The RPD Reasons and Decision The Recording of your RPD Hearing And the Appellant’s kit to assist you with
further details on this process. These documents will have been mailed to you
by the RPD. If there are any other documents that you
think are important for your case, then you need to get them ready when completing your
Memorandum. Such as: New evidence that was not available at the
time of the RPD Decision Or evidence that was not accepted by the RPD
and that you think was relevant to your claim If any of your documents are not in English
or French, you have to get them translated or the RAD will not look at them. You also need to get the documents and evidence
that made up your RPD file. You should take some time to carefully review
your documents. Concentrate on where you think the RPD made
mistakes. Now that you have all your documents and have
reviewed your file, you will need to prepare your appellant’s memorandum. This is where you have to show where the RPD
made mistakes. You also have to explain how the mistakes
affected the outcome of your refugee claim. Completing your Appellant’s Memorandum The most important document in the Appellant’s
Record, is the Appellant’s Memorandum You can download the Appellant’s Memorandum
form by clicking on the link in the description below this video. Or you can find it on our website. Make sure you have your documents in front
of you. You are now ready to fill out the Appellant’s
Memorandum form. The completed form should not be more than
30 pages long, and any information that does not fit within the form should be provided
on additional paper. Let’s look at the form. The first page is a cover page. Here you need to provide your information
and the information for each person appealing with you. You may leave the RAD File Numbers blank if
you have not received them yet. The RPD File Numbers for each appellant can
be found on the RPD notice of decision. The unique client identifier is also called
the client ID and can be found on the RPD Notice of Decision. The second page is a table of contents. Don’t worry about this for now. We will come back to it later. On the third page, you will find the Appellant’s
Memorandum In Section 1.1, Put in your information. In Section 1.2 put in the following dates: The date when you received RPD notice of decision The date when you received the RPD Reasons
and Decision; And the date that you submitted your Notice
of Appeal to the RAD. Leave the last box blank- you need to fill
it out on the date that you send this package to the RAD. In Section 2.1, explain the mistakes you think
the RPD made in your case. If you need more space to fill out this information,
use additional paper. In Section 2.2 you need to indicate exactly
where the mistakes can be found in the RPD written reasons. You have to indicate the page number, the
paragraph number and the line where each mistake can be found. If you think there were mistakes that happened
in the RPD hearing, you need to indicate exactly where in the recording they can be found. You can use a written transcript or the recorded
audio of your hearing to do this. If you’re using a transcript, indicate the
page, paragraph and line where the mistake occurs. If you’re using the audio, indicate the
disc number, track number, start time, end time and length of excerpt. In Section 3.1, you may present new evidence
or evidence that was not available at the time of the RPD’s decision. If you want the RAD to look at this evidence,
you have to explain why you think the evidence is new or why it was not available at the
time of your RPD hearing. In Section 3.2, if you want the RAD to hold
an oral hearing for your appeal, you need to explain why the RAD should hold a hearing. In section 4.1, you need to select the type
of decision you are asking the RAD to make. You need to tick one of the boxes, but do
not tick both. Finally, print the completed form, and sign
and date it. If you used counsel, be sure that they sign
and date the form as well. If you have submitted new evidence, you must
also include the “Written Statement Concerning New Evidence” Form. And if you have requested an oral hearing
you must include the “Written Statement concerning the Hearing at the RAD” form. Both of these forms can be found in the description
below this video, or on our website. Putting All Your Documents Together Once you have completed your Appellant’s
Memorandum it is time to put all of your documents together. Together the documents make up your Appellant’s
Record that you will provide to the RAD. You need to be sure that your Appellant’s
Record contains printed copies of the following documents, in the following order: the notice of decision and written reasons
from the RPD; All or part of the transcript of the RPD’s
hearing that is relevant to the appeal; Documents that you tried to give the RPD but
that the RPD refused to accept The written statement Concerning New Evidence
form, and/or the “Written Statement concerning the Hearing at the RAD” form Any documents that have new evidence or evidence
that was not available at the time of the RPD Decision Any additional documents, like laws or legal
decisions that you want the RAD to look at for your appeal And finally, the memorandum that you just
completed. Once you have placed all your documents in
the correct order, number the pages consecutively, and place the cover page with the table of
contents at the top. Then fill in your Table of Contents with the
page numbers that correspond with each item. Be sure to make 2 additional photocopies of
this entire package. Keep one of the copies for your own records. Checklist As a final step go over the checklist for
the Appellant’s record to the RAD. This checklist helps you go over many of the
steps we’ve already talked about in this video. If you follow it then you’ll have perfected
your appeal in the way it is supposed to be done. Mailing your package You must mail or hand-deliver the signed original
and one copy of your perfected appeal to the RAD. The package should be sent to the office in
your region, links to the addresses for these offices can be found in the description below
this video Time Limits You should mail this package no more than
30 days after the day on which you received the written reason for the RPD decision. This is 30 calendar days, so it includes weekends
and holidays. However, if the time limit ends on a weekend
or holiday, you may mail or deliver your Appellant’s Record to the RAD on the next working day. Important Information If you need more information or help, click
on the links in the description below this video for: The Appellant’s Memorandum and other forms Addresses of IRB offices The RAD Appellant’s Guide and Kit. Information about how you could attend an
in-person session to learn more about to learn more about appealing to the RAD. And other videos that can assist you in filing
your appeal.

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