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

Abandonment of proceeding

Abandonment of proceeding

🍁 In Simple Terms

If you stop taking part, a division can declare your case abandoned, which ends it with no decision on the merits. Missing a hearing, failing to provide information the division asked for, or going silent when contacted all count. The division can also refuse to let you withdraw, where withdrawing would be an abuse of its 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.

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.

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