Ground for Appeal
An appeal may be brought where an applicant or refugee believes that an eligible first-instance decision concerning their refugee status was not correctly determined in accordance with the applicable law, facts, evidence or procedures.
Depending on the nature of the decision, grounds for appeal may include:
- Error of law – The decision may have been based on an incorrect interpretation or application of the applicable refugee or asylum law.
- Error of fact – The decision may have relied on an incorrect or incomplete understanding of relevant facts.
- Failure to consider relevant evidence – Important evidence or information submitted by the appellant may not have been properly considered.
- Procedural unfairness – The appellant may have been denied a fair opportunity to present their case or respond to relevant issues during the first-instance process.
- Failure to consider relevant circumstances – Relevant individual circumstances, country-of-origin information or other material factors may not have been adequately taken into account.
- New or additional evidence – Relevant information or evidence that was not reasonably available or considered at first instance may, where permitted by law, be presented in support of an appeal.
- Other grounds provided by law – An appeal may also be based on any other ground recognised under Rwanda’s applicable refugee legislation and Rules of Procedure.
Important
The grounds for appeal depend on the nature of the decision being challenged and the applicable legal provisions. An appellant should clearly explain why they believe the decision was incorrect, identify the relevant evidence or circumstances, and state the outcome they are seeking.
Appeals must be submitted within the applicable legal timeframe and in accordance with the Tribunal’s Rules of Procedure. For specific requirements, appellants should consult the How to File an Appeal section or seek appropriate legal assistance.