IRPA consolidation adds rules on abandoned or suspended refugee claims and appeals

What changed

The consolidated text of the Immigration and Refugee Protection Act (IRPA) on the Justice Laws website was modified on November 2, 2026. ANAS CANADA's monitoring detected the change on November 11, 2026. The page now shows provisions cited to 2026, c. 4, s. 47.

Refugee Appeal Division (RAD): If a person who is the subject of an appeal is not physically present in Canada, the RAD:

• must determine that the appeal has been abandoned if the person made the appeal, has voluntarily returned to the country in respect of which they claimed refugee protection, and the RAD has not yet decided the appeal;
• in any other case, must not commence, or must suspend, consideration of the appeal. Appeals by the Minister are excluded from this rule.

Refugee Protection Division (RPD): A corresponding rule applies to claims. If the person has voluntarily returned to the country in respect of which they claimed refugee protection and the RPD has not yet decided the claim, the RPD must determine that the claim has been abandoned. In any other case, it must not commence, or must suspend, consideration of the claim. The opening words of this subsection are not shown in the excerpt reviewed.

Who it affects

These provisions apply to refugee protection claimants and appellants before the RPD and RAD, in the situations described above.

Effective date

The consolidated text was modified on November 2, 2026. The excerpt reviewed does not state a separate coming-into-force date.

Official text

Read the full Act on the Justice Laws website.

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