IRPA s.110(4)Singh / RazaRelevanceFederal Court2026 FC 603
An appeal that turns on evidence the Division would not look at is decided before it is argued.
The Short Answer
When can you file new evidence on a RAD appeal?
An appeal to the Refugee Appeal Division normally proceeds on the record that was before the Refugee Protection Division: IRPA, section 110(3). Section 110(4) creates three exceptions. Evidence may be presented where it arose after the rejection of the claim, where it was not reasonably available, or where the appellant could not reasonably have been expected to have presented it. Meeting one of those is necessary but not sufficient: the evidence must also be credible, relevant and material.
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THE TEST
Two Stages, Both Required
The first stage is statutory. The evidence has to fall within one of the three categories in section 110(4). The onus is on the appellant to establish that, and it is not enough to file a document and leave the Division to work out why it qualifies: Refugee Appeal Division Rules, rule 3(3)(g)(iii); Thorne v Canada, 2020 FC 790 at paragraph 8; Stuart v Canada, 2024 FC 1741 at paragraphs 12 and 13.
The second stage comes from the Federal Court of Appeal. Evidence should be admitted only where it is credible, relevant, and sufficiently material that it may have an impact on the overall assessment: Singh v Canada, 2016 FCA 96 at paragraphs 44 to 47 and 64 to 65, adopting Raza v Canada, 2007 FCA 385 at paragraphs 13 to 15. These are usually called the Singh factors or the Singh and Raza factors.
A document published shortly before the Division's decision will usually fail the first stage unless you explain why it was not reasonably available. That explanation has to be given at the time, not later.
RELEVANCE
What Relevance Actually Means
Relevance is not a high bar and it is often applied as though it were. The classic formulation is whether the evidence has a tendency to prove or disprove a fact in issue: R v Grant, 2015 SCC 9 at paragraph 18, citing R v Corbett, [1988] 1 SCR 670. For section 110(4) the question is whether the evidence is capable of proving or disproving a fact relevant to the claim for protection: Singh at paragraphs 38 and 43 to 45, adopting Raza at paragraph 13.
A refusal on relevance grounds therefore has to engage with what the evidence says and what it was offered to prove. Restating the appellant's argument inaccurately and then rejecting the restated version is not an assessment of relevance.
This matters more than it sounds. Country condition evidence about the body that prosecuted a claimant, or about officials connected to their case, will rarely mention the claimant by name. Its relevance lies in the pattern it establishes, and that requires the decision maker to read it.
HOW TO FILE
Presenting Evidence So It Is Understood
Practical points that decide these applications more often than the law does:
Address each document separately. A single submission covering fourteen articles invites a single refusal covering all fourteen.
Set out the category. Say which limb of section 110(4) each document meets and why.
Explain the link. Do not assume the connection between an article about a named official and your client's file is obvious. State it.
Provide translations and context. Explanatory notes identifying acronyms, institutions and individuals are properly part of the submission.
Do not overstate. Claiming an article shows more than it does gives the other side something easy to attack.
In Mîra v Canada, 2026 FC 603, the Federal Court held that a refusal to admit evidence on relevance grounds was unreasonable where the Division had mischaracterised what the appellants argued and had not engaged with the contents of the material.
IF IT IS REFUSED
Challenging a Refusal to Admit
A refusal to admit new evidence is reviewed on the reasonableness standard, not correctness. It is treated as going to the merits of the decision rather than the procedure by which it was reached: Okunowo v Canada, 2020 FC 175 at paragraph 28; Idugboe v Canada, 2020 FC 334 at paragraph 18; Firooznam v Canada, 2023 FC 571 at paragraph 26.
Reasonableness is deferential but still robust: Vavilov, 2019 SCC 65; Mason v Canada, 2023 SCC 21. A decision is unreasonable where the decision maker has fundamentally misapprehended or failed to account for the evidence, or has failed to grapple meaningfully with a central argument: Vavilov at paragraphs 125 to 128.
The Minister will often argue that the outcome would have been the same regardless. That argument is available but limited. The Court will not speculate about how a tribunal might have weighed evidence it never assessed, unless a particular outcome is inevitable: Vavilov at paragraph 142.
General information
This page is general information about Ontario and Canadian law published by Lexaltico LLP. It is not legal advice, it does not account for the facts of any particular situation, and reading it does not create a solicitor-client relationship. Rules change, and whether any option is available to you depends on your own circumstances.
Only if it falls within one of the three categories in section 110(4): it arose after the rejection, was not reasonably available, or you could not reasonably have been expected to present it. It must then also be credible, relevant and material.
What are the Singh factors?
Criteria the Federal Court of Appeal read into section 110(4) in Singh, 2016 FCA 96, adapting Raza: evidence should be admitted only where it is credible, relevant, and sufficiently material that it may affect the overall assessment.
My document was published just before the RPD decision. Can I still file it?
Possibly, but you must explain why it was not reasonably available or why you could not have been expected to present it. Without that explanation it will usually be refused, however close the publication date.
The RAD said my evidence was irrelevant. Is that reviewable?
Yes, on the reasonableness standard. A refusal that mischaracterises your argument or does not engage with the content of the documents can be set aside, as happened in 2026 FC 603.
Does an affidavit from me count as new evidence?
Not if it summarises arguments and evidence already before the Division. That is submission rather than evidence, and it is usually treated as part of the memorandum.
Will the Court fix the outcome if the RAD wrongly refused evidence?
Generally no. The Court sets the decision aside and sends it back, because the weight and impact of evidence are for the tribunal to assess.
How long do I have to challenge a RAD decision?
The deadline for applying for leave and judicial review is short. Bring the decision in as soon as you receive it rather than waiting.
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