An officer can give notice that your claim is ineligible even after it has reached the Refugee Protection Division, and in some cases after a decision has already been made. That notice shuts the proceedings down. It also covers claims that only got referred because facts were hidden or misrepresented, and second claims by someone who already made one.
(1)An officer may, with respect to a claim that is before the Refugee Protection Division or, in the case of paragraph (a.1) or (d), that is before or has been determined by the Refugee Protection Division or the Refugee Appeal Division, give notice that an officer has determined that (a)the claim is ineligible under paragraphs 101(1)(a) to (e), other than paragraph 101(1)(c.1); (a.1)the claim is ineligible under paragraph 101(1)(c.1); (b)the claim is ineligible under paragraph 101(1)(f); (c)the claim was referred as a result of the direct or indirect misrepresentation or withholding of material facts relating to a relevant matter and was not otherwise eligible to be referred to the Refugee Protection Division; or (d)the claim is not the first claim that was received by an officer in respect of the claimant.
104.1 (1) For the purposes of subsection 107(1), if a person making a claim for refugee protection is not physically present in Canada, the Refugee Protection Division (a)in the case where the person has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Protection Division has not yet made a decision in respect of the claim, must determine that the claim has been abandoned; and (b)in any other case, must not commence, or must suspend, consideration of the claim. (2) If a person who is the subject of an appeal is not physically present in Canada, the Refugee Appeal Division (a)in the case where the person has made the appeal and has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Appeal Division has not yet made a decision in respect of the appeal, must determine that the appeal has been abandoned; and (b)in any other case, must not commence, or must suspend, consideration of the appeal, other than an appeal by the Minister.