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Last verified: March 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: March 2026 · Source: justice.gc.ca
PART 4: Immigration and Refugee BoardProvisions that Apply to All Divisions
§168

Abuse of process

Abuse of process

🍁 In Simple Terms

If a person fails to show up for a hearing, ignores requests from the Division, or stops communicating, the Division can declare their case abandoned — ending it without a decision in their favour. The Division can also refuse to let someone withdraw from a proceeding if doing so would abuse the process.

Affects: Refugee claimants and protected persons
Legal Text — IRPA Section 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 in the proceedings, 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.

Abuse of process

(2)A Division may refuse to allow an applicant to withdraw from a proceeding if it is of the opinion that the withdrawal would be an abuse of process under its rules.

In Practice
Official Source: Justice Canada — IRPA s. 168 (authoritative, may differ from this display)
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