For individuals seeking protection in Canada, having a refugee claim declared “abandoned” represents a serious setback with significant consequences. This post provides accurate information about what constitutes an abandoned claim and the process for potentially reopening such claims. What Constitutes an Abandoned Refugee Claim? Under section 168(1) of the Immigration and Refugee Protection Act (IRPA), the Refugee Protection Division (RPD) may determine that a proceeding has been abandoned if the claimant is “in default in the proceedings.” A claim may be declared abandoned for several reasons: When a claimant misses a deadline or hearing, the RPD schedules a special hearing on abandonment, typically within five working days after the missed obligation. At this hearing, the claimant has an opportunity to explain why their claim should not be declared abandoned. Consequences of an Abandoned Claim If the RPD declares a claim abandoned, the consequences are severe: Special Hearings on Abandonment When a claimant fails to meet procedural requirements, the RPD must give them an opportunity to explain why their claim should not be declared abandoned: Factors Considered in Abandonment Decisions In deciding whether to declare a claim abandoned, the RPD must consider: The central test is whether the claimant’s conduct amounts to an expression of intention that they do not wish to pursue their claim with diligence. Medical Explanations If a claimant’s explanation includes medical reasons, they must provide a legible, recently dated medical certificate signed by a qualified medical practitioner that includes: If unable to provide a medical certificate, the claimant must explain: Reopening an Abandoned Claim Rule 62 of the RPD Rules provides a mechanism to potentially reopen an abandoned claim: Application Process To apply for reopening: The application should be made without delay, as timeliness is a factor the RPD will consider. Given the complexity of reopening applications and the high stakes involved, seeking qualified legal representation is strongly recommended for claimants facing this situation. References 1 Refugee Protection Division Rules, SOR/2012-256.2. Immigration, Refugees and Citizenship Canada, “Guide 0174 – Application Guide for Inland Refugee Claims Portal” (14 February 2024).3.Refugee Protection Division Rules, SOR/2012-256, r 62. Disclaimer: This blog post provides general information and does not constitute legal advice. It is intended for informational purposes only. The information contained herein is not a substitute for professional legal advice from a licensed lawyer. Every refugee claim is unique, and the outcome depends on individual facts and legal circumstances. Do not act or rely on the information provided in this blog post without seeking the advice of a qualified legal professional. Contacting Ahlawat Law Professional Corporation through this blog post does not create a solicitor-client relationship. Past results are not indicative of future results, and the outcome will vary according to the facts of individual cases