Section 168 — Abandonment of proceedings
Text of provision
(1) A Division may determine that a proceeding before it has been abandoned if the Division is of the opinion that the applicant is in default in the proceedings, including by failing to appear for a hearing, to provide information required by the Division or to communicate with the Division on being requested to do so.
(2) A Division may refuse to allow an applicant to withdraw from a proceeding if it is of the opinion that the withdrawal would be an abuse of process under its rules.
Plain English
Section 168(1) provides that a division may determine that a proceeding has been abandoned if a party fails to appear at a proceeding, fails to provide information as required, fails to communicate with the Board as required, or fails to comply with a direction. Before declaring abandonment, the division must give the party an opportunity to explain the failure.
An abandonment declaration effectively ends the proceeding against the party — in the refugee context, this means the claim is deemed rejected.
Practical effect
Abandonment of a refugee claim is treated as equivalent to a rejection — the person loses their claim without a hearing on the merits and becomes subject to removal. Persons whose claims are abandoned can apply to have the abandonment declaration set aside by demonstrating a reasonable explanation for non-compliance. The test requires more than mere inconvenience — serious illness, emergencies, or failures of counsel that were not attributable to the claimant may qualify. Repeated failures to comply with procedural requirements indicate bad faith that weighs against reinstatement.