Withdraw refugee claim in Canada | How to do it and the consequences

Imagine you are in Canada, and you have filed for refugee status. However, for any reason, you want to withdraw your application. This article explains how to withdraw a refugee claim in Canada. Moreover, it explores the consequences of the withdrawal.

Withdrawing a refugee claim before referral to RPD

The first step in refugee claims is to apply with the immigration authorities. You usually refer to an inland office or file at the port of entry. However, the officers review your claim and, if eligible, refer you to the Refugee Protection Division (RPD). Nonetheless, you may withdraw your application before such a referral. Consequently, the following could happen:

  1. The officer will fill out IMM 5317B (i.e. “Withdrawal of a Claim for Refugee Protection before Referral to the RPD”). Of course, you will receive a copy for your reference.
  2. If you are at the port of entry, they may allow you to withdraw your request to enter Canada. However, if they have already issued a removal order for you, it becomes enforceable.
  3. If you are inside Canada and have already issued a removal order, they will enforce it. Nonetheless, it is most likely a Departure Order. Of course, if they have not given the removal order and you have status in Canada, you may remain in Canada until your status is valid.
  4. You may file another refugee claim in the future.

Remember: Withdrawing the claim before referral does not constitute the withdrawal types referred to by the Immigration Act. Therefore, none of the limitations I discuss in the remainder of this article apply to this group.

Withdrawing a refugee claim with RPD

The Refugee Protection Division or RPD hears refugee claims inside Canada. If IRCC has already referred you to the RPD, you must follow these steps to withdraw:

  1. Download and fill out the form RPD.24.01 (Notice of Withdrawal of a Claim for Refugee Protection). You may fill out the form either by hand or electronically. However, your signature must be by hand.
  2. Submit the form to the Refugee Protection Division (RPD). Alternatively, you may express your request orally at the hearing.
  3. RPD will likely accept your request. However, they may refuse your request if they believe the withdrawal would abuse the process [A168(2)]. Of course, even if they refuse the withdrawal, you may still face abandonment or refusal of the application.

When you withdraw your application to RPD, you could face the following:

  • You will receive a removal order in 15 days from the day RPD accepts your withdrawal [A49(2)(d)].
  • You may not file for refugee in the future. Of course, we are talking about refugee claims in Canada.

Withdrawing a refugee claim with RAD

The Refugee Appeal Division or RAD hears the appeals to RPD decisions. If RAD has received an appeal notice from you or IRCC, you must follow these steps to withdraw:

  1. Download and fill out the RAD.22.01 (Notification of Withdrawal of an Appeal). You may fill out the form either by hand or electronically. However, your signature must be by hand.
  2. Submit the form to the Refugee Appeal Division (RAD).
  3. RAD will most likely accept your request. However, they may refuse your request if they believe the withdrawal would abuse the process [A168(2)]. Of course, even if they refuse the withdrawal, you may still face abandonment or refusal of the application.

When you withdraw your appeal to RAD, you will receive a removal order in 15 days from the day RAD accepts your withdrawal [A49(2)(d)].

The 12-month ban

If you withdraw your refugee application or appeal, you will face a 12-month ban on the following applications. Of course, the ban begins when the Division accepts your withdrawal request:

A 12-month ban means you may not submit any of the previous applications during the ban period. Of course, if you do, IRCC will refuse your application. Unfortunately, the 12-month ban turns into a five-year ban for designated foreign nationals.

Withdrawing other applications

I have another article that explains withdrawing other applications:

Let us help!

If you would like to withdraw your refugee claim in Canada, fill out the following form. Alternatively, please book an appointment with me. However, for immigration applications, please fill out our assessment form.

    Full Name (required)

    Email (required)

    Have you entered your email address correctly?

    WhatsApp number(optional)

    Are you inadmissible to Canada?
    YesNoI don't know

    Have you received a removal order from Canada?
    Yes, DepartureYes, ExclusionYes, DeportationYes, type unknownNoI don't know

    Any other issues (select all that apply)?

    Do you believe humanitarian and compassionate grounds apply to you?
    YesNoI don't know

    Please explain the issue briefly:

    Upload a file that could help us better understand your situation - only PDF, JPG or PNG and less than 0.5MB

    Related Posts

    Canada's unemployment rate remains at a record low

    Canada’s unemployment rate remains at a record low

    Aug 8, 2022

    The Express Entry process in Canada

    Aug 7, 2022
    The sectors with the most job vacancies in Canada

    Canada’s health care sector reached a record high of 136,800 job vacancies

    Aug 7, 2022
    The future of Canada’s immigration system

    The future of Canada’s immigration system

    Aug 6, 2022

    Would you please fill out our free assessment form if you wish to visit or move to Canada? We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal immigration advice from a licensed practitioner.

    Al Parsai, LLM, MA, DTM, RCIC
    Regulated Canadian Immigration Consultant
    Adjunct Professor – Queen’s University – Faculty of Law
    Ashton College Instructor – Immigration Consulting
    Author – 88 Tips on Immigration to Canada

    Fill our Free Canada Immigration Assessment Form in your language!

    Disclaimer:
    This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.

    The characters and places in the articles:
    All the characters and locations in the articles are fictional, unless otherwise clearly stated. Therefore, any resemblance in names, dates, and places is coincidental.

    Important Notes:
    For our official addresses, trust this website only. We currently do not have offices outside Canada. Therefore, anyone who claims to be our agent is committing fraud. Also, note that we do not issue any work permits or study permits or similar documents. The government of Canada has the sole authority to issue such material.

    Click to read the disclaimer.

    Al Parsai

    Al Parsai is a Regulated Canadian Immigration Consultant (class L3 RCIC-IRB – Unrestricted Practice) in Toronto, Canada. He is an adjunct professor at Queen's University Law School and Ashton College. Al, who holds a Master of Laws (LLM) degree from York University, is a member of CICC and CAPIC organizations. Al, the CEO of Parsai Immigration Services, has represented thousands of applicants from more than 50 countries to the immigration authorities since January 2011.

    Do you have any questions?