Humanitarian and compassionate (H&C) applications and refugee claims: how are they different?
What are the dangers of withdrawing a refugee claim?
If a refugee claim is withdrawn, a claimant with a conditional removal order can be forced to leave Canada. This is because the order that is made when the claim is referred to the IRB takes effect when the claim is withdrawn.
Filing an H&C application does not give an applicant the right to remain in Canada until the application is decided. And, there are several reasons why a person might not have the right to make an H&C application so it is important to get legal advice before withdrawing a claim.
A refugee claimant who withdraws their claim loses the right to make a refugee claim. There is no right to make another claim and it is very difficult to reinstate a claim that has been withdrawn.
Also, the claimant will not be able to get health benefits from the Interim Federal Health Program.