Abandoned or Withdrawn Refugee Claims

Abandoned or Withdrawn Refugee Claims

Updated September 2026. This guide explains the consequences of abandoned or withdrawn refugee claims in Canada and why the distinction matters for future immigration options.

Abandonment and withdrawal are serious

An abandoned claim and a withdrawn claim are not the same as a refugee claim rejected after a merits hearing, but both can have major immigration consequences. Federal eligibility rules generally prevent a person who previously abandoned or withdrew a Canadian refugee claim from making another refugee claim.

When can a claim be abandoned?

The RPD may initiate abandonment proceedings when a claimant fails to meet essential procedural obligations, such as failing to provide the BOC, failing to keep contact information current, failing to attend the refugee hearing or failing to attend a required special hearing.

Late Basis of Claim form

For a port-of-entry claim, current RPD practice extends the BOC deadline to 45 calendar days after referral. If a claimant cannot meet the deadline, the RPD’s current procedure for requesting an extension should be followed before the deadline. Failure to provide the BOC can lead to a special abandonment hearing.

Missing a hearing

A claimant who cannot attend should not simply fail to appear. The RPD has rules for changing a hearing date or time and may require supporting evidence. Missing a hearing without properly addressing the situation can lead to abandonment.

Withdrawing a claim

Withdrawal is a voluntary decision not to continue the refugee claim and requires the proper RPD process. Before withdrawing, a claimant should understand the consequences for future refugee eligibility, removal, other immigration applications and possible PRRA access.

Can an abandoned claim be reopened?

The RPD can consider an application to reopen an abandoned claim. Reopening is exceptional and governed by the RPD Rules, including whether there was a failure to observe a principle of natural justice and other relevant circumstances.

Removal consequences

Once a claim is withdrawn or declared abandoned, the person may face enforcement of the applicable removal order. Whether PRRA, court review or another process is available depends on the individual history and current law.

Act immediately

If an abandonment notice, special-hearing notice or abandonment decision has been received, obtain the complete record and address the procedural problem promptly. Delay can make the available remedies more difficult.

Official resources

• IRB: RPD procedural practice notice

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This page provides general legal information, not advice for an individual case. Laws, policies and procedural directions can change. Confirm the requirements and deadlines that apply to your matter.