After your hearing

The decision

Often the Board member tells you at the end of the hearing whether they accept or reject your refugee claim. But sometimes they want more time to think before making their decision. This does not mean your claim will be rejected.

Make sure the Refugee Protection Division has a current mailing address for you because they will send you a “Notice of Decision” in the mail after your hearing. The Notice of Decision will say whether your claim was accepted or rejected.

If your claim is accepted

If your claim has been accepted and the government does not appeal the decision, you can:

• apply for permanent resident status
• begin the process to bring immediate family members to Canada
• apply for a health card under the Ontario Health Insurance Program (OHIP)

You should apply for permanent residence right away unless you are a Designated Foreign National. A Designated Foreign National has to wait 5 years before they can apply.

If your claim is rejected

You may be able to appeal the decision to the Refugee Appeal Division (RAD) of the Immigration and Refugee Board. There is a 15-day deadline for filing a ‘notice of appeal’ with the RAD.

Your Notice of Decision will tell you if you can appeal to the RAD. If you do not have the right to appeal to the RAD, you may be able to apply to the Federal Court for a judicial review of the decision. There is a 15-day deadline for starting an application in the Federal Court.

Get legal help right away if you want to appeal to the RAD or apply to the Federal Court.