Success: Refugee Appeal

In early 2018, a Somali man came to us in distress and he asked us to help with a refugee appeal. His claim for refugee status was refused by the Refugee Protection Division (RPD). He was represented by a lawyer who was going through mental health issues and, unfortunately, that lawyer did not prepare a strong case. We agreed to assist with this individual with a refugee appeal to the Refugee Appeal Division (RAD) based on the fact that significant evidence had not been considered and his particular circumstances.

We worked with the Somali community in Manitoba and our client’s network of supporters. We were able to prepare significant new evidence. For some reason, the previous lawyer did not prepare a strong case even though the documents were available. Based on the evidence, we put together a strong package on behalf of our client.

After ten (10) months, the RAD granted our appeal and overturned the RPD refusal. The RAD Member agreed with our significant legal arguments and agreed with our submissions that the new evidence may have had a significant impact on the refugee claim. To ensure full disclosure, we were fortunate to have a sympathetic RAD Member decide this refugee appeal. In this case, the client opted not to file a complaint against his former lawyer.

A refugee appeal is challenging and most appeals are dismissed. In 2019, only 12% of RAD appeals in the IRB Western Region were allowed. Building on our success with other appeals, we are thrilled with this decision and we strongly agree with the RAD. Our client’s previous lawyer did a terrible job and, thankfully, we have been able to fix this mess.

NOTE: Clarke Immigration Law accepts Legal Aid Certificates for RPD hearings only. Based on the amount of work involved with refugee appeals and the low rate of approval, we only accept refugee appeals on private retainer agreements and our fees are published online. Typically, our clients pay $500 monthly based on our flexible payment plans.