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, if you want to withdraw your application for any reason. This article explains how to withdraw a refugee claim in Canada. Moreover, it explores the consequences of the withdrawal.
Table of contents
Withdrawing a refugee claim before referral to RPD
The first step in refugee claims is to apply to 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:
- 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.
- 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.
- 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 issued the removal order and you have status in Canada, you may remain in Canada until your status expires.
- 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 applies to this group.
Withdrawing a refugee claim with RPD
The Refugee Protection Division (RPD) hears refugee claims in Canada. If IRCC has already referred you to the RPD, you must follow these steps to withdraw:
- 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.
- Submit the form to the Refugee Protection Division (RPD). Alternatively, you may express your request orally at the hearing.
- 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 (RAD) hears appeals from RPD decisions. If RAD has received an appeal notice from you or IRCC, you must follow these steps to withdraw:
- 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.
- Submit the form to the Refugee Appeal Division (RAD).
- 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:
- Temporary Resident Permit (TRP – A24(4))
- Immigration under the Humanitarian and Compassionate considerations (H&C – A25(1.2)(c))
- Pre-Removal Risk Assessment (PRRA – A112(2)(b.1)): Nevertheless, the PRRA ban could become 36 months if you are from a designated country. Luckily, IRCC ended the practice of designating countries for refugee applications in May 2019.
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 becomes a 5-year ban for designated foreign nationals.
Withdrawing other applications
I have another article that explains withdrawing other applications:
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If you would like to withdraw your refugee claim in Canada, fill out the following form. Alternatively, please book an appointment with me.
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If you are facing a failed refugee claim, fill out the following form. However, for brand-new refugee claims, fill out our Refugee Claim Self-Assessment tool.
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Al Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor, Queen’s University Faculty of Law
Instructor, Ashton College, Immigration Consulting Program
Author of 88 Tips on Immigration to Canada and Inadmissibility to Canada for Human Rights Violations
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