Introduction
Withdrawing or abandoning your refugee claim in Canada can feel like the end—but there may still be a path forward. Under specific circumstances, you can reopen or reinstate your claim with the Refugee Protection Division (RPD) using Rules 60–62 of the RPD Rules. In 2025, this remains a viable option—if initiated quickly and with strong legal justification.
In this updated guide, AshLaw explains when you can restart your claim, the legal framework, timelines, and how we help navigate this complex process.
Table of Contents
- Withdrawn vs. Abandoned Claims: Understanding the Difference
- Legal Basis: RPD Rules 60–62
- Eligibility: Who Can Reopen a Claim?
- Required Documentation & Procedural Steps
- Typical Timelines & Urgency
- Common Challenges & Pitfalls
- How AshLaw Supports Your Reopened Claim
- FAQ
- Withdrawn vs. Abandoned Claims
- Withdrawn Claim: You formally told the RPD you wanted to end your claim before RPD hearing
- Abandoned Claim: You failed to attend hearings or engage, leading the RPD to declare abandonment.
- Both scenarios can be reopened—but legal tests differ.
- Legal Basis: RPD Rules 60–62
- Rule 60: Reinstatement of a withdrawn claim requires failure of natural justice or justice-based grounds.
- Rule 62: Reopening a decided or abandoned claim requires showing a breach of natural justice.
- Eligibility: Who Can Reopen a Claim?
To reopen a withdrawn claim under Rule 60 you must show that:
- Natural justice was breached (e.g., inadequate legal advice or counsel errors).
- Or reopening is in the interests of justice—a broad yet high-threshold standard
For abandoned or decided claims under Rule 62, only the natural justice test applies.
- Required Documentation & Procedural Steps
Your RPD reinstatement application must:
- Follow Rule 50 format and include contact info and counsel details.
- Include originals and copies sent to the Ministry.
- Provide legal reasoning and evidence of a justice breach or new circumstances.
- Respond to others’ submissions if applicable.
- Be submitted “without delay”—the RPD sets deadlines.
- Timelines & Urgency
- There is no fixed deadline, but you must apply promptly once aware of your withdrawal or abandonment.
- If judicial review or appeal processes are ongoing, you may need to file to reopen concurrently.
- Delays or weak reasoning significantly reduce success chances.
- Common Challenges & Pitfalls
| Challenge | Description |
| Weak evidence | Claims fail without proof of unfair process |
| Delayed filings | “Without delay” standard is strict |
| No oral hearing | Usually written, unless credibility issues arise |
| High burden | Exceptional evidence needed, especially if prior reinstatement was denied |
- How AshLaw Supports Your Reopened Claim
At AshLaw, we specialize in reopening withdrawn or abandoned claims. Our legal support includes:
- Early case eligibility assessment
- Preparing Rule 50 applications
- Drafting robust fact and fairness submissions
- Managing related appeals or judicial reviews
- Presenting in RPD hearings, if needed
Book a consultation now—get clarity on your unique situation and next steps.
- Frequently Asked Questions (FAQ)
Q: Can counsel errors alone justify reopening?
A: Yes, counsel mistakes causing unfairness may satisfy the natural justice test (e.g., inadequate advice).
Q: What if I withdrew the claim because I was misinformed?
A: That may be natural justice grounds; our team can help evaluate.
Q: Can I apply after appeal or judicial review?
A: Yes—especially if reopening is essential for pending judicial review.
Need to reopen your refugee claim?
️ Book a consultation with AshLaw today for a confidential assessment and strategic support.
