Simon K. Yu, Barrister & Solicitor

Refugee Appeals and Federal Court Judicial Reviews of refugee claim refusals

In most instances, if your refugee claim is refused by the Refugee Protection Division, you will the right to appeal the refusal to the Refugee Appeal Division (RAD).  But there are exceptions in which a failed claimant will need to appeal his or her refusal by way of Application for Leave and for Judicial Review to the Federal Court instead of the Refugee Appeal Division.  There are time limitations in starting these appeal processes and in perfecting your appeal record or application record (ie filing your legal argument). There are serious negative consequences if you miss these deadlines. It is very important for you to contact Simon to set up an appointment for consultation as soon as you become aware of the refusal of your refugee claim.

Simon has the experience in reviewing the reasons for refugee claim refusals to identify the possible grounds for appeal or judicial review.

Only in very limited circumstances new evidence may be allowed for consideration on appeal.  

Simon has successfully argued to have new evidence accepted for consideration by the Refugee Appeal Division, overturned refugee refusals and obtained Convention refugee or protected person status for his clients without any further hearing. 

Simon has also been successful in obtaining refugee claim approval for his clients after
the Refugee Appeal Division or the Federal Court ordered a rehearing of their refugee claims.