IRCC Adds Ministerial Refugee Claim Withdrawal

IRCC has introduced a Ministerial refugee claim withdrawal process for in-Canada claims that have been found eligible but have not yet been referred to the Refugee Protection Division (RPD). The change takes effect November 3, 2026, as part of asylum-system reforms linked to the Strengthening Canada’s Immigration Systems and Borders Act.

New pre-referral withdrawal and reinstatement authority

IRCC Program Delivery Updates says legislative amendments in 2026 introduce authority for the Minister to determine that a refugee claim has been withdrawn after it has been found eligible and before referral to the RPD. The amendments also permit the Minister, subject to regulations, to reinstate a claim that was withdrawn through this process.

The operational change applies to refugee claimants in the period after an eligibility decision but before their claim is referred to the RPD. It creates a distinct process from an administrative withdrawal before an eligibility or ineligibility decision, and from a withdrawal of a claim that has already been referred to the RPD.

How the Ministerial withdrawal process works

A claimant whose claim has been found eligible but has not yet been referred to the RPD may tell IRCC that they no longer wish to pursue the claim. They can request a Ministerial withdrawal through the IRCC Webform.

IRCC will send the claimant the Ministerial Withdrawal of a Claim for Refugee Protection Prior to Referral to the Refugee Protection Division form. The claimant must complete the form and confirm that they understand the consequences of withdrawing, including that they may be required to leave Canada and that a future refugee claim would be ineligible.

A claim is not considered withdrawn until IRCC accepts the completed required form. Where a claimant seeks to withdraw while departing at a port of entry, CBSA staff are to explain the required steps. CBSA may also facilitate transmission of completed documents to IRCC for expedited review, where operationally feasible, for a claimant in immigration detention.

Effect on a future refugee claim

A Ministerial withdrawal is treated as a withdrawal for the purposes of paragraph A101(1)(c) of the Immigration and Refugee Protection Act. Under the updated instruction, a later refugee claim by that person would be determined ineligible on that basis.

This differs from an administrative withdrawal made before a claim is determined eligible or ineligible for referral to the RPD. IRCC says a pre-eligibility administrative withdrawal is not treated as a withdrawal for the purposes of paragraph A101(1)(c), meaning a later claim cannot be found ineligible under that provision solely because of that earlier administrative withdrawal.

Administrative withdrawals are not available once a claim has been determined eligible or ineligible. Claims that have already been referred to the RPD must be withdrawn by the claimant at the RPD.

Reinstatement requests after a Ministerial withdrawal

Claimants may ask for reinstatement after a Ministerial withdrawal. IRCC is responsible for requests to reinstate pre-referral Ministerial withdrawal decisions made by IRCC, and the updated instruction directs claimants to use the department’s specified online form.

Where a previous reinstatement request was denied, an officer should consider the reasons for that decision. The instruction says a subsequent request should not be allowed unless exceptional circumstances are supported by new evidence.

Timing of the broader asylum instruction changes

The Strengthening Canada’s Immigration Systems and Borders Act received Royal assent on March 26, 2026. According to IRCC, the related asylum-system reforms and associated regulatory changes take effect November 3, 2026.

IRCC says the wider reforms update intake procedures for IRCC and CBSA, Ministerial reviews and interventions, and referrals to the Immigration and Refugee Board. The new pre-referral withdrawal and reinstatement process is one of the newly created procedures.

Source: IRCC Program Delivery Updates