Reopening a Refugee Claim
Updated September 2026. This guide explains when the Refugee Protection Division may consider reopening a refugee proceeding and the procedural issues involved.
Can a refugee claim be reopened?
The RPD can consider an application to reopen certain proceedings previously declared abandoned. Reopening is not an automatic second opportunity. It is an exceptional procedural remedy governed by the Refugee Protection Division Rules and principles of natural justice.
Natural justice is central
The RPD considers whether reopening is necessary because there was a failure to observe a principle of natural justice. Depending on the facts, issues can include lack of proper notice, inability to participate meaningfully, interpretation problems, serious communication failures or other procedural circumstances that prevented a fair process.
The claimant’s conduct matters
The RPD can consider the procedural history, including whether the claimant acted diligently, kept contact information current, responded to correspondence, attended required events and moved promptly after learning of the abandonment. Evidence explaining the default is important.
What should the application contain?
A reopening request should identify the abandoned proceeding and decision, provide a precise chronology, explain the alleged natural-justice failure, address the claimant’s own conduct, attach corroborating evidence and explain why reopening is required. Affidavits, correspondence, medical evidence or other records may be relevant.
Removal action and reopening
Filing a reopening application should not be assumed to automatically stop CBSA enforcement. If removal is active, enforcement status and any separate remedy or stay requirement must be assessed immediately.
If reopening is granted
The RPD can restore the proceeding so the refugee claim continues in accordance with its directions. The claimant must then comply closely with all BOC, disclosure, contact-information and hearing requirements.
If reopening is refused
A refusal may be challenged through an application for leave and judicial review in the Federal Court. Court proceedings have strict deadlines, and judicial review does not automatically guarantee a stay of removal.
Early legal review
The abandonment decision, notices, proof of service, representative history, contact records and explanation for the missed obligation should be reviewed before deciding on the appropriate remedy.
Official resources
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.
Refugee law, procedures, country conditions and available remedies can change. Information on this page is general and is not a substitute for advice based on the complete record.