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Immigration and Refugee Protection Act

s. 168 Abandonment of proceeding

  • PART 4: Immigration and Refugee Board
  • Provisions that Apply to All Divisions

Last verified: June 2026 · Source: justice.gc.ca

The law says

IRPA s. 168
Verify on justice.gc.ca(opens in a new tab)

(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.

Clarification

(1.1)For greater certainty, if the Refugee Protection Division or the Refugee Appeal Division is prevented under section 104.1 from considering a claim or appeal, it may determine under subsection (1) that the claim or appeal has been abandoned.

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.

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