Refugee claim withdrawal and abandonment

Topic RPD procedure 🇨🇦 Verified: 2026-05

Overview

A refugee claim before the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) can end in one of three ways before a final determination on the merits: it may be withdrawn voluntarily by the claimant, declared abandoned by the RPD under IRPA s 168 (where the claimant has failed to comply with procedural obligations), or it may be found ineligible at the eligibility stage and never referred to the RPD. Withdrawal and abandonment are distinct outcomes with different procedural triggers, but they share an important consequence under IRPA s 101(1)(c): both render a future refugee claim in Canada ineligible to be referred to the RPD.

Legal basis

IRPA s 168(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, 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
IRPA s 168(2) — a Division may refuse to allow a claimant to withdraw from a proceeding if the withdrawal would be an abuse of process under the Division's rules
IRPA s 101(1)(c) — a claim is ineligible to be referred to the RPD if "a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned" — this is the key downstream consequence
RPD Rules (SOR/2012-256), Rules 59–65 — the procedural rules governing withdrawal and abandonment hearings before the RPD

Sources: Immigration and Refugee Protection Act, SC 2001, c 27, ss 101(1)(c), 168; Refugee Protection Division Rules, SOR/2012-256. Text of ss 168 at laws-lois.justice.gc.ca.

How it works

Voluntary withdrawal

A claimant may voluntarily withdraw their refugee claim at any time before the RPD makes a final determination. The typical procedure under the RPD Rules is:

The claimant (or their counsel) notifies the RPD in writing of the intent to withdraw
The RPD may accept the withdrawal without a hearing, or schedule a short hearing to confirm the withdrawal is voluntary, informed, and not an abuse of process (s 168(2))
Once accepted, the RPD issues a decision recording that the claim was withdrawn

The RPD may refuse to allow withdrawal if it determines the withdrawal would be an abuse of process — for example, if the claimant is withdrawing strategically to avoid a negative credibility finding that would bar future claims, or to delay proceedings.

Abandonment

Abandonment under s 168(1) is a determination by the RPD that the claimant is in default of their procedural obligations. Common default situations include:

Failure to appear at the scheduled RPD hearing without explanation
Failure to file the Basis of Claim (BOC) form by the required deadline
Failure to respond to correspondence from the RPD
Failure to provide required documents or information within the time required by a procedural direction

Before finding a claim abandoned, the RPD must give the claimant an opportunity to be heard. Under the RPD Rules, the RPD will schedule an abandonment hearing — typically within five working days of the default — and notify the claimant. At that hearing, the claimant can explain the default and argue that they should not be found in default.

If the RPD is satisfied that the claimant was in default without adequate explanation, it issues a decision declaring the claim abandoned.

Consequences — future claims barred by s 101(1)(c)

This is the most significant consequence of withdrawal or abandonment. Section 101(1)(c) of IRPA provides that a future refugee claim made in Canada by the same person is ineligible to be referred to the RPD if a prior claim was withdrawn or abandoned. Ineligibility means the claim is not referred to the RPD for a hearing on the merits — the claimant's protection needs are instead assessed through the Pre-Removal Risk Assessment (PRRA) process, which has a higher threshold and more limited scope.

This applies even where years have passed and the claimant's circumstances have changed significantly. The bar operates as a permanent ineligibility for RPD referral based on the prior withdrawn or abandoned claim.

Effect on removal proceedings

Once a refugee claim is withdrawn or declared abandoned, the claimant ceases to have a pending protection claim. The enforcement stay that applied while the claim was pending before the RPD (preventing removal while the claim was live) no longer applies. CBSA may then seek to enforce a removal order if one exists. The claimant may at that point apply for a PRRA (if PRRA-eligible) and a deferral of removal, but the PRRA assessment under s 96–97 applies rather than the full RPD refugee determination process.