If you miss your Refugee Protection Division (RPD) hearing due to a severe medical emergency, your claim may be officially declared abandoned. To save your case, you must promptly file an Application to Reopen an Abandoned Claim under Rule 62 of the RPD Rules, providing detailed medical evidence proving exactly why you were physically or mentally unable to attend.
Filing a refugee claim in Canada is a complex, high-stakes journey. When you finally receive your Notice to Appear for a hearing at the Immigration and Refugee Board of Canada (IRB), it is the most important date of your life. However, unpredictable tragedies happen. If you suffer a sudden heart attack, get involved in a severe car accident in Toronto, or are hospitalized with a severe illness in Vancouver, you might physically miss your hearing. Missing this date without prior approval almost always leads to the IRB treating your claim as abandoned, which strips away your protected status and puts you at risk of deportation.
The Canadian justice system understands that genuine medical emergencies occur. The law provides a specific safety net: Rule 62 of the Refugee Protection Division Rules. This rule allows a claimant to ask the board to reopen their case. However, you cannot simply call the IRB and say you were feeling unwell. Reopening an abandoned claim requires a formal legal application, sworn affidavits, and airtight medical documentation. Generally, retaining a local refugee lawyer from our catalogue is the safest way to navigate this highly technical process and prove your absence was entirely beyond your control.
Step-by-Step Process to Reopen an Abandoned Refugee Claim in Canada
When you miss a hearing, time is of the essence. The longer you wait to contact the IRB after your medical emergency resolves, the harder it will be to convince a member to reopen your claim. Most successful applicants follow these strict steps.
Step 1: Obtain a Detailed Medical Certificate
A simple doctor’s note saying you were “sick” will not be accepted. The IRB requires a formal medical certificate signed by a licensed Canadian medical practitioner. This document must state the exact dates of your hospitalization or illness, a description of the emergency, and a clear medical opinion confirming that your specific condition made it impossible for you to attend the hearing or contact the board on that specific day.
Step 2: Respond to the Abandonment Hearing Notice
Usually, before finalizing the abandonment, the RPD will schedule a “show cause” or special abandonment hearing. They will mail a notice to your last known address in Calgary, Montreal, or wherever you reside. You must attend this hearing to explain your absence. If you were in a coma or the hospital and missed this second hearing as well, your claim will be formally declared abandoned, and you must proceed to Step 3.
Step 3: File an Application under Rule 62
If your claim was officially abandoned, your lawyer will draft an Application to Reopen an Abandoned Claim. This requires submitting a sworn affidavit. Your affidavit must truthfully swear to the facts of your medical emergency, explain why you could not communicate with the IRB, and outline why your refugee claim is still valid and needs to be heard. You must include all hospital discharge papers and the medical certificate as evidence.
Step 4: Argue Your Case for Natural Justice
An IRB member will review your written application and may schedule a short hearing. The member must consider the principle of natural justice. If your evidence clearly proves that an unforeseen medical disaster prevented your attendance, and you acted as quickly as possible once you recovered, the member will usually allow the claim to be reopened. Your original refugee hearing will then be rescheduled for a future date. 📍
Valid vs. Invalid Reasons for Missing a Hearing
To understand how the RPD evaluates your absence, it is important to know the difference between a true emergency and poor planning.
| Reason for Absence | Likelihood of Acceptance | Required Evidence |
| Severe car accident / Hospitalization | High | Police report, EMS records, hospital discharge papers. |
| Sudden severe mental health crisis | High | Letter from a registered psychiatrist confirming incapacity. |
| Traffic jam or missed bus | Very Low | Generally not accepted; claimants are expected to plan ahead. |
| Mild cold or feeling anxious | Low | Will be rejected without a strict medical certificate proving inability to attend. |
How Much Does it Cost in Canada?
Fighting an abandonment declaration involves legal and administrative expenses, though the government does not charge a fee to file the application itself.
- IRB Filing Fee: Submitting a Rule 62 Application to Reopen an Abandoned Claim is $0 CAD.
- Medical Records: Hospitals and clinics often charge administrative fees to release comprehensive medical files or draft specialized IRB letters, typically ranging from $50 CAD to $150 CAD.
- Lawyer Fees: Retaining a Canadian immigration lawyer to draft the affidavits and represent you at a reopening hearing generally costs between $1,500 CAD and $3,500 CAD.
How Long Does the Process Take?
⏱ The RPD Rules state you must file your application “without delay” once the emergency has passed. Once submitted, the IRB typically takes 2 to 6 weeks to review your application and issue a decision or schedule a reopening hearing. If approved, depending on the backlog at your regional IRB office, it could take an additional 6 to 12 months before your actual refugee claim is finally heard.
Frequently Asked Questions (FAQ)
Can I be deported while my claim is abandoned?
Yes. Once a claim is declared abandoned, the conditional removal order issued to you when you first applied for asylum becomes enforceable. The Canada Border Services Agency (CBSA) can theoretically arrest and remove you, making it critical to file an application to reopen immediately.
Do I need to translate my medical records?
Yes. If your hospital records or doctor’s notes are in a language other than English or French, you must provide a certified translation along with a translator’s declaration, as per standard IRB rules.
What if my lawyer forgot to tell me the hearing date?
If your absence was entirely due to the gross negligence of your previous legal counsel, you can apply for reinstatement on the grounds of a breach of natural justice. However, you will need to file a formal complaint with their provincial law society to prove your claim is genuine.
Can duty counsel help me reinstate my claim?
Legal Aid programs in provinces like Ontario (Legal Aid Ontario) or British Columbia may provide funding or duty counsel assistance for vulnerable claimants facing abandonment, provided you meet their strict financial eligibility criteria.
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