To reinstate a withdrawn claim or reopen an abandoned refugee claim in Canada, you face extremely strict rules. Under the RPD Rules, a withdrawn claim can be reinstated under Rule 60 if it is in the interests of justice, while an abandoned claim can only be reopened under Rule 62 if there was a failure of natural justice. You must file your application immediately.
Fleeing persecution and seeking asylum in Canada is a complex, high-stakes journey. Sometimes, due to severe miscommunication, bad legal advice, or a family emergency back home, an applicant might officially withdraw their claim at the Refugee Protection Division (RPD). In other cases, the RPD may declare the claim “abandoned” because the applicant missed a mandatory hearing or failed to submit their Basis of Claim (BOC) form on time. Losing your refugee claim status in this manner is devastating.
Many people mistakenly believe they can simply change their minds a few months later and restart the process. ⚠️ In Canada, the law is incredibly strict. Once a claim is withdrawn or abandoned, you cannot simply “reactivate” it because you changed your mind or because conditions in your home country got worse. Under the Refugee Protection Division (RPD) Rules, different procedures apply: a withdrawn claim requires an Application to Reinstate under Rule 60 (decided based on the interests of justice), whereas an abandoned claim requires an Application to Reopen under Rule 62 (decided strictly based on natural justice). Because these thresholds are exceptionally high, consulting an experienced Canadian refugee lawyer is critical.
Step-by-Step Process in Canada
Whether you are navigating the asylum system in Toronto, Montreal, Vancouver, or Calgary, the RPD operates as a federal tribunal with uniform rules across the country. Following the strict procedural steps under the RPD Rules is your only path to potentially rescuing your claim.
Step 1: Determining the Correct Legal Procedure
Before filing, you must identify whether your claim was withdrawn or abandoned. If you withdrew your claim, you must apply to reinstate it under Rule 60, proving it is in the “interests of justice.” If it was declared abandoned (e.g., you missed a hearing), you must apply to reopen it under Rule 62, proving a “failure of natural justice,” such as the RPD sending your hearing notice to the wrong address.
Step 2: Acting with Exceptional Promptness
Time is your biggest enemy. While there is no specific “number of days” listed in the RPD rules to file an application to reopen or reinstate, the law demands that you act as soon as you discover the claim was closed. If you wait three months after finding out your claim was abandoned or withdrawn before taking action, the RPD will likely deny your request simply because of the delay.
Step 3: Drafting the Application to Reinstate or Reopen
You must file the appropriate written application. For a withdrawn claim, you file an Application to Reinstate under Rule 60, demonstrating why reinstatement serves the interests of justice. For an abandoned claim, you file an Application to Reopen under Rule 62, explaining how a principle of natural justice was violated, why you missed your hearing or BOC deadline, and any delay in applying.
Step 4: Providing Sworn Evidence (Affidavits)
The RPD will not simply take your word for it. Your application must be supported by a sworn Affidavit. This is a legal document where you declare the facts under oath. If you are arguing that your previous counsel acted improperly, you must also provide proof that you have notified that counsel of your allegations and given them a chance to respond, as required by IRB procedures.
Step 5: Waiting for the RPD Decision
Once you submit the application to the RPD registry (and serve a copy to the Minister if they were involved in your case), a decision-maker will review your file. Usually, this is decided on paper without a hearing. If they grant your request, they will reinstate or reopen your claim and schedule a new hearing. If they refuse, your refugee process at the RPD is permanently over, and you may face deportation by the Canada Border Services Agency (CBSA).
How Much Does it Cost in Canada?
Filing an application to reopen or reinstate at the IRB does not require a government fee, but the legal representation needed to draft these complex arguments will cost money. Below are estimated costs in CAD as of May 2026.
| IRB Application Fee | $0 CAD |
| Refugee Lawyer Consultation | $200 – $500 CAD |
| Drafting the Application to Reinstate/Reopen | $2,000 – $5,000+ CAD |
| Federal Court Appeal (if denied) | $5,000 – $10,000+ CAD |
How Long Does the Process Take?
The urgency is entirely on you to file the application immediately upon discovering the closure. Once your lawyer submits the Application to Reinstate or Reopen, the RPD typically takes anywhere from 4 to 12 weeks to issue a written decision. If the claim is reinstated or reopened, you will likely wait another 6 to 12 months for your actual refugee hearing, depending on the current backlog at your local IRB registry.
Frequently Asked Questions (FAQ)
Can I reinstate my claim if my country became more dangerous?
Generally, no. Under Rule 60, the RPD assesses whether reinstating a withdrawn claim is in the interests of justice, which focuses on the circumstances of the withdrawal itself rather than new risks. If you voluntarily withdrew your claim, you cannot easily reinstate or reopen it due to deteriorated country conditions. You would instead have to rely on a Pre-Removal Risk Assessment (PRRA) before deportation.
What happens if the RPD denies my application to reinstate or reopen?
If the RPD refuses your application under Rule 60 or Rule 62, your claim remains withdrawn or abandoned. Your only legal option to challenge that refusal is to file an Application for Leave and for Judicial Review at the Federal Court of Canada within 15 days.
Will CBSA deport me while I am waiting for the decision?
It is possible. Filing an application to reinstate or reopen does not automatically stop the CBSA from enforcing your removal order. If you have an active deportation date, your lawyer must urgently request a deferral from CBSA or apply to the Federal Court for an emergency stay of removal.
Can I make a brand new refugee claim instead?
Under Canada’s Immigration and Refugee Protection Act (IRPA), you can only make one refugee claim in your lifetime. If your claim was withdrawn or abandoned, you are legally prohibited from starting a fresh, second refugee claim at the port of entry or inside Canada.
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