Understanding the Consequences of Abandoning a Refugee Claim in Canada
Making a refugee claim in Canada is a serious legal process with long-lasting consequences. For some individuals, however, circumstances change, and they may decide not to proceed with their refugee hearing. While withdrawing a claim properly is possible, simply abandoning a refugee claim can lead to significant challenges, particularly for those who later wish to return to Canada.
This guide provides helpful information on what it means to abandon a claim, the impact on future entry to Canada, and steps to take if you are considering withdrawing or have already abandoned a claim.
What Does “Abandoning” a Refugee Claim Mean?
A refugee claim is considered abandoned when a claimant does not attend their Immigration and Refugee Board (IRB) hearing or fails to comply with specific requirements, such as submitting documents or attending interviews. In these cases, the IRB may issue a decision that the claim has been abandoned, and the individual is subject to a removal order from Canada.
Unlike a voluntary withdrawal, abandonment is treated as a failure to respect Canada’s immigration process, and it carries stricter consequences.
Consequences of Abandoning a Refugee Claim
Enforceable Removal Order: Abandonment triggers a deportation order, which makes an individual inadmissible to Canada until they receive special authorisation to return.
Future Immigration Applications: Abandoning a claim may negatively affect future visa or permanent residence applications, as it raises concerns about compliance with Canadian immigration laws.
Authorisation to Return to Canada (ARC): Anyone who was the subject of a removal order must apply for and be approved for an ARC before being allowed to re-enter Canada. Approval is discretionary and not guaranteed.
Withdrawing a Refugee Claim the Right Way
If a claimant no longer wishes to proceed with their refugee claim, it is possible to formally withdraw the claim before the hearing. To do so, the claimant must notify the IRB in writing. Withdrawal is not the same as abandonment. It is a proactive, voluntary step that may carry fewer negative implications for future immigration options.
What If You Abandoned a Claim and Now Wish to Re-Enter Canada?
If you left Canada after abandoning a refugee claim, you will likely face difficulties re-entering. Here are the general steps to consider:
Determine the Type of Removal Order: Most abandoned claims result in a deportation order, which requires applying for an Authorisation to Return to Canada (ARC).
Prepare a Strong ARC Application: This involves explaining the reasons for the abandonment, demonstrating compliance with immigration laws since leaving Canada, and showing compelling reasons why re-entry should be granted.
Explore Other Immigration Pathways: Depending on your circumstances, you may also be eligible for family sponsorship, work permits, study permits, or Express Entry programs, but most will still require addressing the outstanding removal order through an ARC.
✅ How Ayodele Law Can Help
Abandoning a refugee claim can create serious barriers to re-entering Canada. However, with the right legal advice and preparation, there are still options available. If you are considering withdrawing a claim, or if you previously abandoned one and now wish to return to Canada, it is important to act carefully and strategically.
At Ayodele Law, we assist clients who have abandoned refugee claims and wish to return to Canada. We provide:
Guidance on whether a withdrawal or ARC application is required
Representation in preparing and submitting strong applications
Advice on alternative immigration pathways that may be available
Clear strategies to minimise the long-term consequences of past immigration issues
📞Book a consultation today to give your application the best possible chance of success
