Immigration and Refugee Protection Act

Marginal note:Abandonment of proceeding

• 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.

• Marginal note: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.

• Marginal note: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.