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IRPA Section 168
The legislative provision reads:
Abandonment of proceeding
168 (1) 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, to provide information required by the Division or to communicate with the Division on being requested to do so.
Abuse of process
(2) A Division may refuse to allow an applicant to withdraw from a proceeding if it is of the opinion that the withdrawal would be an abuse of process under its rules.
Commentary
For a discussion of abandonment, see the commentary under RPD Rule 65: Canadian Refugee Procedure/RPD Rule 65 - Abandonment. For a discussion of withdrawal, see the commentary under RPD Rule 59: Canadian Refugee Procedure/RPD Rule 59 - Withdrawal.
For the RAD, see RAD Rule 68: Canadian Refugee Procedure/RAD Rules Part 4 - Rules Applicable to an Appeal for Which a Hearing Is Held#RAD Rule 68 - Abandonment.
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