Get a lawyer as soon as possible. If you do not take action, you could be deported very quickly. If you are not eligible for an appeal to the Refugee Appeal Division (RAD), you can apply for a judicial review at the Federal Court.
The RAD hears 2 kinds of appeals: Appeals from refugee claimants – Your refugee claim was denied by the RPD , and you want to appeal. The Minister may decide to intervene in your case and oppose your appeal. Minister's appeals – Your refugee claim was approved by the RPD , and the Minister's appealing that decision.
The recognition rate, which is determined by the number of accepted refugee claims divided by the total number of claims that have been decided by the Immigration and Refugee Board on merit, also increased to 82 per cent in the first nine months of 2024, from 64 per cent in 2018.
Yes. You may apply for asylum with USCIS regardless of your immigration status if: You are not currently in removal proceedings. You file an asylum application within 1 year of arriving to the United States or demonstrate that you are within an exception to that rule.
If a claim is rejected by the Refugee Protection Division, individuals may be able to appeal the decision to the Refugee Appeal Division of the IRB. If individuals have no right to appeal to the Refugee Appeal Division, they can ask the Federal Court to review the decision.
If the immigration court judge denies your case after reviewing your request for asylum, you can appeal this decision by pursuing an administrative appeals process. This process will begin by submitting your official appeal to the Board of Immigration Appeals (BIA).
If the Refugee Board rejects your claim, you might be able to appeal that decision at the Refugee Appeal Division (RAD). If you're eligible to appeal, you must show that: the Refugee Board made one or more mistakes in its decision, or there is new evidence that would have made a difference in the outcome of your claim.
If your claim is rejected… If you are eligible (most claimants are), you can appeal to the RAD. You must file your appeal within 15 days of receiving your Notice of Decision and reasons for decision. If you are not eligible to appeal to the RAD, you can apply to the Federal Court​ for judicial review.
If an asylum office denies or dismisses your motion arising from a case that received a final denial, you may submit a new Form I-589, Application for Asylum and for Withholding of Removal. You will be subject to the same prohibitions on filing as any other newly filed asylum application.