Your claim for refugee protection can be sent to the Refugee Protection Division (RPD) for an abandonment proceeding before it's referred to the RPD for a hearing. This is called the
pre-referral abandonment process (PRAB).
The Canada Border Services Agency (CBSA) or Immigration, Refugee and Citizenship Canada (IRCC) can send your claim to the RPD for PRAB.
On this page
When your claim can be sent for PRAB
Your refugee claim may be sent for PRAB in the following situations:
- If you do not submit your application in the IRCC portal by the date in your Notice of Application Due Date document.
- Once you submit your application, IRCC or the CBSA will review your application to make sure that you have provided complete answers to all the questions, and you have provided the required documents.
- If they need more information from you, they will send you a request through the IRCC portal to request this information with a due date
- If you do not send the requested information to IRCC or the CBSA before the due date, your claim will be sent to the RPD for the PRAB
- After you make your refugee claim, IRCC or the CBSA will require you to attend a meeting.
- They will send you a request through the IRCC portal with a date, time, and location to attend the meeting
- If you do not attend the meeting, your claim will be sent to the RPD for the PRAB
If your claim is sent to the RPD for a PRAB, you will receive a letter explaining why. The letter will be sent to you through the IRCC portal.
Depending on what situation applies to your PRAB, you can fix things by:
- completing your application in the IRCC portal
- providing the information that was requested to the officer at IRCC or the CBSA
- scheduling and attending your meeting with IRCC or the CBSA
If you do what is required of you:
- the abandonment process will be stopped
- your claim will continue
What happens after your claim has been sent for PRAB
There are 2 possible PRAB processes. The RPD will review your application and decide which process applies:
- a representation process
- a hearing process
Representation process
The RPD may send you a letter giving you a chance to ask for more time. This letter will have instructions to complete a form and a due date to send the form to the RPD.
In the form, you will explain:
- why you did not meet the due date
- why you need extra time
- how much extra time you are asking for
Hearing process
The RPD may send you a Notice to Appear (NTA) to attend a pre-referral abandonment hearing. The NTA will tell you when and where the hearing will take place.
At the hearing, you will be asked to explain:
- why you did not meet the due date
- why you need extra time
- how much extra time you are asking for
If you have counsel
If you have a counsel, we will send the letter or NTA to them. Your counsel will share this with you. If you do not have a counsel, we will send the letter or NTA directly to you.
Missing a deadline due to a medical condition
If a medical condition prevented you from meeting the deadline, you must provide a recent medical certificate from a qualified health care professional. The certificate must be dated and signed, and it must include the health care professional's name and address (printed or stamped).
If you're responding through the representation process, submit the medical certificate with your reply form. If you have a hearing, you must provide the certificate to the RPD before the hearing.
The medical certificate must include:
- information about how your medical condition affected you, (without identifying your diagnosis), and how it prevented you from meeting the deadline that led to the PRAB process
- the date when you expect to be able to meet the requirement
If you cannot provide a medical certificate, or if it does not contain the required information, you must provide:
- details of your efforts to obtain a medical certificate, with supporting evidence
- information about the medical condition, (without identifying the diagnosis), with supporting evidence
- an explanation of how the medical condition prevented you from meeting the deadline that led to the PRAB process
What happens next
With either the representation process or hearing process, an RPD member will decide whether you can have more time to meet the requirements set by IRCC or the CBSA, or whether your claim will be declared abandoned.
In some circumstances, your claim could be declared abandoned, including if:
- you do not respond to the letter before the due date
- you do not appear for your hearing
- the RPD Member allows you more time and you miss the new due date
Important: If the RPD determines that your claim is abandoned, your removal order will come into force, and you may be required to leave Canada. You will not be eligible to submit another refugee claim.
Submitting documents during the PRAB process to the RPD
You can send documents to the RPD as follows:
- through the
My Case portal
- if you have counsel or a representative, they must use the My Case portal to submit this form to the RPD
If you do not have counsel, you can send your documents:
- by email to the regional office where you are located
- in-person or by mail to the RPD office
Consult
Contact us for the RPD office address or email for your region.