2. The document Toben would be required to file with the IRB is a Basis of Claim. He has 15 days after he is referred to the Board, to make the application.
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Toben has a right to appeal the Refugee Protection Division’s (RPD) decision to the Refugee Appeals Division. Under the new refugee system, a rejected claimant can appeal as long as his or her claim was made on or after December 15th, 2012. Toben made his claim for refugee status in April 2015. However, the RPD can restrict the number of people who can appeal to the Refugee Appeals Division. Toben may be unable to appeal if his claim for refugee protection was withdrawn or abandoned. He also cannot appeal if the RPD decided that Toben’s claim is unfounded. If the Minister stops Toben’s refugee protection or cancels Toben’s claim for protection, he will be unable to appeal. Finally, Toben will be unable to appeal if his claim was filed to the Immigration and Refugee Board before the time indicated in the Immigration and Refugee Protection