Refugee Appeal Division (RAD)

Only lawyers authorized to provide refugee and immigration appellate legal aid services can acknowledge Refugee Appeal Division (RAD) certificates and represent LAO clients at the RAD.

LAO now issues a RAD four-hour merit assessment opinion certificate to eligible clients.

All lawyers authorized to provide refugee and immigration appellate legal aid services must use the RAD merit assessment form. Failure to use the form will result in a delay in the processing of merit assessments and payments. LAO staff members who are experienced in refugee law review the merit assessments. Should LAO determine there is merit, lawyers authorized to provide refugee and immigration appellate legal aid services will be issued a 16-hour authorization for written submissions to review a negative RPD decision. If the RAD goes to an oral hearing, LAO will grant four hours preparation time plus attendance.

Lawyers authorized to provide refugee and immigration appellate legal aid services who complete an opinion but who are unable or unwilling to perfect the application can request LAO issue a separate RAD certificate to the lawyer perfecting the RAD application.

All lawyers authorized to provide refugee and immigration appellate legal aid services must attach the RAD submissions and the decision under review to their online account. You do not need to attach the RAD submissions to the online account if you have already sent them as part of your merit assessment application. Periodic audits of these legal work products will be carried out by LAO as part of its quality oversight function.

As legal aid services for RAD opinion certificates are now being provided, lawyers authorized to provide refugee and immigration appellate legal aid services cannot charge privately (fees, disbursements) for the purposes of completing an opinion for RAD for claimants who are legal aid eligible.