# Can my refugee claim be cancelled if I missed my hearing?

- Jurisdiction: Canada
- Practice area: Immigration Law
- Published: 2026-10-27
- Last updated: 2026-10-27
- Canonical: https://lawasked.com/ca/immigration/can-my-refugee-claim-cancelled-if-i-missed

## Question

I am currently living in Canada and have been waiting for my refugee hearing for about eighteen months. My scheduled hearing was supposed to take place on the 14th of October, but I completely missed it because I was dealing with a sudden family emergency back home and lost track of the dates. I haven't received any letters or emails from the office since that day, and I am starting to feel very anxious. I tried calling their main helpline three times last week to explain my situation and ask how I can reschedule, but I was put on hold for forty minutes each time and never actually spoke to a real person. I really want to continue with my application because my safety depends on it, but I am worried that because I didn't show up or respond to their previous messages over the last two months, they might just decide that I have given up on my case entirely. If they decide I have walked away from the process, can I still try to fix it, or is my chance to stay in the country gone forever?

## Summary

It depends on whether the Refugee Protection Division decides your case has been abandoned. If they determine you abandoned your claim, you may be unable to appeal that specific decision.

## Analysis

Under Canadian law, the Refugee Protection Division has the power to decide that your legal process has been stopped because you did not follow the rules. This is called 'abandonment.' 

Specifically, a Division "may determine that a proceeding before it has been abandoned if the Division is of the opinion that the applicant is in default in the proceedings, including by failing to appear for a hearing" [1]. This means that because you missed your scheduled hearing on October 14th, the office could decide that you have 'defaulted'—which is a legal way of saying you failed to meet your obligations to the court. 

If the Division makes this determination, your situation becomes very difficult. The law states that there is a restriction on certain types of appeals. Specifically, "No appeal may be made in respect of... a determination that a refugee protection claim has been withdrawn or abandoned" [2]. This means if they officially decide you walked away from your case because you missed the hearing, you might not have the right to ask the Refugee Appeal Division to review that decision. 

It is currently uncertain whether the Division has already made this decision, as you mentioned you have not received any letters or emails since October 14th. If they have not yet issued a formal decision of abandonment, you may still have a chance to explain your family emergency. However, if they have already finalized a decision that your claim was abandoned, the law suggests your ability to fight that decision through a standard appeal is limited [2]. 

State, provincial, or local laws may add further rules regarding administrative procedures or legal representation.

## Statutory citations

- Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 168 - Abandonment of proceeding [in force] (https://laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html#s-168)
  > A Division may determine that a proceeding before it has been abandoned if the Division is of the opinion that the applicant is in default in the proceedings, including by failing to appear for a hearing
- Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 110 - Appeal [in force] (https://laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html#s-110)
  > No appeal may be made in respect of... a determination that a refugee protection claim has been withdrawn or abandoned

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