RAD Appeal allowed and referred back to RPD
- Thread starter ze331
- Start date
HI everyone. Trust you guys are doing alright; hang in there!
....Update and few questions...
1) Entered Canada 9th June 2019
2) claimed 1 August 2019
3) First hearing March 2021
4) Rejected based on credibility May 2021
5) Appealed to RAD and allowed and referred bad to RPDon July 2021. RAD directed RPD to focus on state protection and internal flight alternative. The determinative issue is internal flight alternative and RPD to focus on it.
6) New hearing January 2022. Rpd questioned on internal flight alternative and state protection.
7) Negative decision from RPD on March 2022. Rejected based on state protection. Nothing on internal flight alternative mentioned in his decision even though the RAD directed RPD to focus on IFA. The RPD rejection was based on over analysis of the police report filed.
8) Appealed to RAD April 2022. 3months and still waiting.
Any idea on how long RAD take this days and advise based on all the above mentioned?
>Can you have state protection and not have IFA?
>IFA and state protection go together?
Thanks n regards.
....Update and few questions...
1) Entered Canada 9th June 2019
2) claimed 1 August 2019
3) First hearing March 2021
4) Rejected based on credibility May 2021
5) Appealed to RAD and allowed and referred bad to RPDon July 2021. RAD directed RPD to focus on state protection and internal flight alternative. The determinative issue is internal flight alternative and RPD to focus on it.
6) New hearing January 2022. Rpd questioned on internal flight alternative and state protection.
7) Negative decision from RPD on March 2022. Rejected based on state protection. Nothing on internal flight alternative mentioned in his decision even though the RAD directed RPD to focus on IFA. The RPD rejection was based on over analysis of the police report filed.
8) Appealed to RAD April 2022. 3months and still waiting.
Any idea on how long RAD take this days and advise based on all the above mentioned?
>Can you have state protection and not have IFA?
>IFA and state protection go together?
Thanks n regards.
Hi,,, I was in similar situation.
1) claimed asylum 1st August 2019
2) Hearing on 27th April 2021 lasted for 2hours plus
3) My lawyer never discussed anything about IFA with me, it was at my hearing I knew what IFA meant.
4) Member gave a decision after a month &denied my claim based on credibility and IFA.
5) Lawyer asked me to go get another lawyer for the appeal (worst nightmare)
6)Had to look for a new lawyer for my RAD appeal with 15days.
7) Eventually got a lawyer, who didn't know what to do but was all about money.
8) I escalated it to the law firm and one of the lawyer's colleague took over my case.
9)Submitted appeal to RAD on June/July 2021
10) RAD requested for more submissions as regards IFA on October 2021, lawyer was asking me for extra $500 to do this submissions asides initial payment made for the appeal case, I said I will go make my research and send the submissions to him so he could submit it as I knew he was taking advantage of my situation to exploit me.
11) Worked with the National documents of my country sent the argument to my lawyer to read and submit to RAD within a week on October 2022.
12) Nov 16th 2021, RAD allowed my appeal and referred to RPD, noting that RPD erred in its decision and that a new hearing be conducted.
13) Lawyer said since the appeal was allowed, he was done with his job, that if I'm going for a new hearing, I would be paying another sum of $3k. I said that's not fair and he said I should go look for another lawyer and he sent all my paperworks to me
14) January 2022, 3rd week IRB sent me a new hearing date for April 2022
15) I decided I'd be going alone to the new hearing without a lawyer. I called IRB i had no counsel and that i need the email to send my exhibits for the new hearing to and it was given to me.
16) Sent all new evidence to RPD 10 days before hearing date, but didn't use the right format, so I was told to redo it and send it back which I did days before hearing but was kind off too late, so on the day of hearing, 15mins to the time of hearing while waiting for the hearing to start, an email came in that my hearing had been canceled.
17) One week after, a new hearing dates was sent, which was scheduled for July 11th 2022.
18) July 11th at 8:45am, I joined my hearing from work, only for Teams not to work on my laptop, I hurriedly joined with my phone as time was fast going. Technical check was done, member came in and said my audio and video quality wasn't good and that he would not be able to go on with the hearing, I told him my PC wasn't working thats why I joined on my phone. I pleaded with him that we make do with it that way but he insisted he would have to cancel the hearing and it was cancelled. 5mins later a call came in from IRB to reschedule the hearing but I told the lady I got another working computer now, and she immediately put me on hold while she spoke to the member that I had found an alternative, so that was how the members rejoined the hearing and it eventually held same day.
19) All this while I was already in tears, joined the hearing in tears and member started to calm me down, and we started the hearing, he asked me 5 questions; one of which was why are you here without a lawyer? and asked that we take 15mins break, after which we came back, he requested we take another 30mins break, after we came back from this break, he reconfirmed 1 of the answers I gave and said let's take another 20mins break, after this break, we took another 15mins break and after he came he said he was going to give me his decision immediately and he said "I accept your claim" and I screamed out loud Thank you Jesus & he chuckled and said madam please go on mute while I read my reasons for accepting your claim. My Joy was knew no bound.
I pray that the God who helped me without a lawyer going with me to my new hearing will help you too on this 2nd attempt with RAD and 3rd attempt with RPD.
2nd hearing was normal or quite strict than the 1st hearing? didn't you explain to them about state protection or what police report didn't help you?
To be honest, I don't even know where to start to reply you. Your story had a happy ending but damn, you really went through a lot getting there. I'm happy for you and hoping that we all that are waiting will experience same grace as yours. From here, take it easy and enjoy yourself.
I'm not expecting a 3rd hearing though because I'm positive due to the fact that so many errors was made by the RPD and I hope it gets approved without hearing by RAD
2nd hearing was more strict. The member was constantly digging a hole. He sometimes say things that are not correct and ask me to confirm. I answered all his questions regarding state protection and in his decision, he stated how a police report will be dated 2021 for something that happened in 2017. I explained to him that I requested for the police extract for something that I reported to the Police in 2017 in 2021. I also included the police extract request letter in my submissions.
He also in the decision stated that There is nothing written on the police report as " Request for protection " I explained to him that I can decide for police on what to write and how to make their report. So he said without request for protection appearing on the police report, he won't accept it as going to the state to seek protection. The man was a bit crazy though.
I think there might be some shortcomings either they won't raise the issue on evidence your lawyer didn't say anything or explain about it before the hearing? didn't you submit your RAD appeal evidence and Affidvat stuff in RPD?
Lawyers hate hearings because anything can happen during the hearings. When you prepare for your hearings, you need to remember one thing "to the member every case they see is false", your lawyer and you need to prove that the case is real, once the evidence supports the conclusion, they will grant an approval
there is no specific rule but I agree with you sometimes even evidence are concluded still they refused
wondering was your hearing was held under Gender task force guidelines or it was straight RPD rehearing?
Hi! Sorry, I haven’t been on this forum for some time. I got a negative decision in March 2022 after my hearing in January 2022. The member made so many mistakes and did not explain his decision properly so we were allowed to appeal to the RAD right away. And finally, after a very stressful, long and frustrating ride, the RAD dismissed the decision of the RPD and allowed our appeal so we got accepted. We got the positive decision in August 2022 after we made our appeal in April. RPD and RAD cases are being processed very quickly compared to the previous years so hopefully you get your positive decisions soon!
Timeline
February & March 2019: three long hearings
July 2019: Negative decision
August 2019: Appeal to the RAD
October 2020: Appeal allowed and referred back to the RPD
January 2022: New RPD Hearing
March 2022: Negative Decision
April 2022: Appeal to the RAD once again
August 2022: Positive decision from RAD