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Withdrawing refugee claim

ali_talha

Newbie
Jul 7, 2017
2
0
Its been more then 5 years now but no date for refugee hearing has been scheduled until now, over the time i got married to a girl in England. I am going to withdraw my refugee claim as i will be moving to England with my wife but not sure which form to fill in order to withdraw my refugee claim.
Do i need to fill the notice of withdrawal of a claim for refugee protection form under Rule 59(2) which is available on http://www.irb-cisr.gc.ca/Eng/res/form/Pages/RpdSpr2401.aspx ???
 

champion92_pls

Star Member
Jul 5, 2017
121
38
Hi Ali

You will still need to submit an application to let CIC know that you are not longer wants that.
Here is what I found for you that might be helpful

Good luck in your new life and glad you are avoiding all these immigration stuff here in Canada.


Source:

http://www.cic.gc.ca/english/resources/tools/refugees/canada/processing/withdrawal.asp



Procedures: Withdrawal of a refugee claim
At any point prior to the referral of a claim to the Refugee Protection Division (RPD), or the determination that the claim is not eligible for referral, the client may indicate that they no longer wish to pursue the claim. Such a discontinuation is not considered a withdrawal for the purposes of paragraph A101(1)(c) of IRPA. This means that if the person concerned makes a refugee claim at a later date, it cannot be determined ineligible under A101(1)(c).

Procedures for withdrawal
  • If a claimant requests a withdrawal before referral to the Refugee Protection Division
    • A refugee claim at a later date would not be found ineligible under A101(1)(c).
    • Complete form IMM 5317B, “Withdrawal of a Claim for Refugee Protection prior to Referral to the RPD”;
    • Explain the contents of the form and ensure person understands the statement and that the refugee claim will not be heard and they will have to leave Canada;
    • Attach a photo and seal with a port stamp;
    • Give claimant a copy; and
    • In the RR screen of FOSS, enter ‘3 – withdrawn’ in the ‘otherwise concluded reason’ field.
    • Note: If the person still wants to enter Canada, admissibility of the person must be assessed.
    • If the person is at a POE and is not seeking to enter Canada, the officer may allow the person to leave as per R42(1).
    • When a removal order is made (whether at a port of entry or inland), it comes into force as per A49(1).
    • If the person is in status, they may remain in Canada until that status expires.
  • If a claimant requests withdrawal after claim found ineligible
    • the officer may not reconsider the eligibility decision;
    • any future claims would be ineligible 101(1)(c);
    • any removal order comes into force in accordance with paragraph 49(2)(a) or (b).
  • If a Claimant requests withdrawal after referral to the Refugee Protection Division
    • the claimant should inform the RPD, either in writing or orally at a proceeding of the RPD;
    • Any future claims would be ineligible 101(1)(c), including when a withdrawal is communicated to the IRB through an intermediary e.g. CBSA officer.
Note: A person whose claim is considered withdrawn by the RPD may apply to the RPD to have their claim reinstated.
 

Cip

Star Member
Oct 27, 2017
123
5
Its been more then 5 years now but no date for refugee hearing has been scheduled until now, over the time i got married to a girl in England. I am going to withdraw my refugee claim as i will be moving to England with my wife but not sure which form to fill in order to withdraw my refugee claim.
Do i need to fill the notice of withdrawal of a claim for refugee protection form under Rule 59(2) which is available on http://www.irb-cisr.gc.ca/Eng/res/form/Pages/RpdSpr2401.aspx ???
How did u manage to travel out to marry d girl in england pls i need to know cos i know somone that is tired of waiting and wants to marry the boyfriend who is in the state
 

David1905

Star Member
Oct 29, 2014
85
22
Hi Ali

You will still need to submit an application to let CIC know that you are not longer wants that.
Here is what I found for you that might be helpful

Good luck in your new life and glad you are avoiding all these immigration stuff here in Canada.


Source:

http://www.cic.gc.ca/english/resources/tools/refugees/canada/processing/withdrawal.asp



Procedures: Withdrawal of a refugee claim
At any point prior to the referral of a claim to the Refugee Protection Division (RPD), or the determination that the claim is not eligible for referral, the client may indicate that they no longer wish to pursue the claim. Such a discontinuation is not considered a withdrawal for the purposes of paragraph A101(1)(c) of IRPA. This means that if the person concerned makes a refugee claim at a later date, it cannot be determined ineligible under A101(1)(c).

Procedures for withdrawal
  • If a claimant requests a withdrawal before referral to the Refugee Protection Division
    • A refugee claim at a later date would not be found ineligible under A101(1)(c).
    • Complete form IMM 5317B, “Withdrawal of a Claim for Refugee Protection prior to Referral to the RPD”;
    • Explain the contents of the form and ensure person understands the statement and that the refugee claim will not be heard and they will have to leave Canada;
    • Attach a photo and seal with a port stamp;
    • Give claimant a copy; and
    • In the RR screen of FOSS, enter ‘3 – withdrawn’ in the ‘otherwise concluded reason’ field.
    • Note: If the person still wants to enter Canada, admissibility of the person must be assessed.
    • If the person is at a POE and is not seeking to enter Canada, the officer may allow the person to leave as per R42(1).
    • When a removal order is made (whether at a port of entry or inland), it comes into force as per A49(1).
    • If the person is in status, they may remain in Canada until that status expires.
  • If a claimant requests withdrawal after claim found ineligible
    • the officer may not reconsider the eligibility decision;
    • any future claims would be ineligible 101(1)(c);
    • any removal order comes into force in accordance with paragraph 49(2)(a) or (b).
  • If a Claimant requests withdrawal after referral to the Refugee Protection Division
    • the claimant should inform the RPD, either in writing or orally at a proceeding of the RPD;
    • Any future claims would be ineligible 101(1)(c), including when a withdrawal is communicated to the IRB through an intermediary e.g. CBSA officer.
Note: A person whose claim is considered withdrawn by the RPD may apply to the RPD to have their claim reinstated.
Hi I have a question related to this. I have been working in canada for 5 years, 2 months ago my wife applied under refugee program which includes me. Until now we only got acknowledgment of claim but no date for interview yet due to covid. So basically, we are not yet eligible and referred to RPD. Last week I got ITA under CEC program. Unfortunately, a refugee claimant is not eligible to apply under CEC. My question is, if i and my wife withdraw the refugee program now before the interview, Am I not considered as refugee claimant any more and able to apply CEC? To mention that all the work exp i gained was under my PGWP and OWP, and the current WP is still valid until the end of July this year . Do you think it's possible do go that way?
Many thanks
 

scylla

VIP Member
Jun 8, 2010
92,928
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Toronto
Category........
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Hi I have a question related to this. I have been working in canada for 5 years, 2 months ago my wife applied under refugee program which includes me. Until now we only got acknowledgment of claim but no date for interview yet due to covid. So basically, we are not yet eligible and referred to RPD. Last week I got ITA under CEC program. Unfortunately, a refugee claimant is not eligible to apply under CEC. My question is, if i and my wife withdraw the refugee program now before the interview, Am I not considered as refugee claimant any more and able to apply CEC? To mention that all the work exp i gained was under my PGWP and OWP, and the current WP is still valid until the end of July this year . Do you think it's possible do go that way?
Many thanks
You need to speak to an immigration lawyer.
 
  • Like
Reactions: David1905

zak86

Hero Member
Nov 13, 2019
472
109
Hi I have a question related to this. I have been working in canada for 5 years, 2 months ago my wife applied under refugee program which includes me. Until now we only got acknowledgment of claim but no date for interview yet due to covid. So basically, we are not yet eligible and referred to RPD. Last week I got ITA under CEC program. Unfortunately, a refugee claimant is not eligible to apply under CEC. My question is, if i and my wife withdraw the refugee program now before the interview, Am I not considered as refugee claimant any more and able to apply CEC? To mention that all the work exp i gained was under my PGWP and OWP, and the current WP is still valid until the end of July this year . Do you think it's possible do go that way?
Many thanks
since you applied for refugee you are not eligible for CEC and if you withdraw your claim your deportation orders will be issued... and that AOR you received it has your UCI number which is updated in their system..
 

derin1010

Hero Member
Oct 18, 2017
385
103
50
Toronto
Hi I have a question related to this. I have been working in canada for 5 years, 2 months ago my wife applied under refugee program which includes me. Until now we only got acknowledgment of claim but no date for interview yet due to covid. So basically, we are not yet eligible and referred to RPD. Last week I got ITA under CEC program. Unfortunately, a refugee claimant is not eligible to apply under CEC. My question is, if i and my wife withdraw the refugee program now before the interview, Am I not considered as refugee claimant any more and able to apply CEC? To mention that all the work exp i gained was under my PGWP and OWP, and the current WP is still valid until the end of July this year . Do you think it's possible do go that way?
Many thanks
You will become a subject for deportation as soon as you withdraw the refugee claim. Before you take any step. Talk to an experienced lawyer
 

David1905

Star Member
Oct 29, 2014
85
22
You need to speak to an immigration lawyer.
I have talked to my lawyer who helped me in this refugee claim. Unfortunately, he said he is not familiar with Express Entry and it could hurt the EE application and not sure if I with draw the claim could fix the issue. It's really hard to find a lawyer who could answers my situation surely :(. I think I should keep up with the claim since it's too risky to withdraw and apply CEC. I could lose both chance to stay in Can. Many thanks
 

David1905

Star Member
Oct 29, 2014
85
22
I have talked to another immigration lawyer about this and he told me to wait so he could research more before giving me options because this situation is really unique and it could be difference based on your story of your claim. honestly, I have talked to some different laweyers but they dont give the same answers, sometimes when I ask questions from what i read from government websites they would ask back "really, I will double check that". This is so stressful since we dont know who is good or bad lawyer for our situation :(
I'm in the same boat also
 

Clergious15

Member
Feb 25, 2021
14
2
I have talked to another immigration lawyer about this and he told me to wait so he could research more before giving me options because this situation is really unique and it could be difference based on your story of your claim. honestly, I have talked to some different laweyers but they dont give the same answers, sometimes when I ask questions from what i read from government websites they would ask back "really, I will double check that". This is so stressful since we dont know who is good or bad lawyer for our situation :(
I know is so stressful I have being looking for answers too, sleepless night over this.