Refugee claim not completed within 60 days: the extension, the abandonment process, and what to do now

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 10, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 10, 2026: the new section 159.8 of the Regulations as published in the Canada Gazette on November 4, 2026 (SOR/2026-218) checked that day.

Since November 3, 2026, a refugee claimant whose claim is found eligible has 60 days to give IRCC the complete claim: the forms, the story and the documents. If you cannot finish in time, the rules give you one 30-day extension, but only if you ask before the due date. If the date passes, the claim is sent to the Immigration and Refugee Board for an abandonment proceeding, and the claim can end there unless you complete it and explain the delay.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares refugee claims and represents claimants at abandonment proceedings and hearings across Canada; this guide is by Prabhpreet Kaur Sangha.

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What does the 60-day rule say?

The new section 159.8 of the Immigration and Refugee Protection Regulations sets three rules:

• the documents and information must be provided “within 60 days after the day on which an officer determines under subsection 100(1) of the Act that the person’s claim is eligible to be referred to the Refugee Protection Division”;
• if you ask, in the way IRCC specifies, “the Minister must extend the period by 30 days on a one-time basis”;
• IRCC may also “extend or pause the period for reasons of fairness and natural justice.”

The government’s explanation of the rules says what happens next: “If the claimant does not comply within the prescribed timelines, their claim will be transmitted to the IRB for an abandonment proceeding; at that point, the IRB may grant them another extension to comply.” An incomplete claim is not referred to the Board for a hearing.

These rules apply to claims under the new online process. Claims already referred to the Board before November 3, 2026 continue under the old rules.

Why this needs a lawyer

One lawyer, one file, every step:

• the extension request, before the due date;
• the claim form and narrative, which the Board will test your testimony against;
• the abandonment proceeding, if the date has passed;
• the hearing, an appeal, or a Federal Court challenge if the claim is declared abandoned.

A rushed narrative filed to beat the deadline can be as harmful as a late one, because every gap or difference with your later testimony can be used against your credibility. The two have to be balanced.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

What are my options?

1. If the due date has not passed: ask for the 30-day extension now, through the portal, before the date. The Minister must grant one.
2. If you need more than 30 days for a reason outside your control (illness, a missing document, no interpreter), ask IRCC to extend or pause the period for fairness reasons, with proof.
3. If the date has passed: complete the claim right away. A complete claim filed before the Board decides the abandonment question shows you intend to pursue it.
4. At the abandonment proceeding: explain the delay, with evidence, and show you have now done what was required. The Board may give another extension.
5. If the claim is declared abandoned: judicial review of the Board’s decision in the Federal Court. See also our guide on an abandoned refugee claim.

What happens at an abandonment proceeding?

It is a short hearing, usually held by phone. A Board member is present and makes the decision: whether you have shown that you still intend to pursue your claim. In my experience, three things matter most: whether you have now completed what was missing, whether you have a real explanation for the delay, and whether you have stayed in contact.

If the Board finds the claim is not abandoned, the claim continues and you must provide the documents, or appear, on the dates set. If the Board declares the claim abandoned, the decision can be challenged by judicial review in the Federal Court.

The 60-day rule at a glance

Worked example: counting the 60 days

Example. A claimant’s claim was found eligible on November 5, 2026. Sixty days later is Monday, January 4, 2027. She asked for the extension on December 20, 2026, before the due date, so her new date is February 3, 2027. If she had waited until January 5 to ask, the date would already have passed and the extension would no longer be automatic. The date on your own notice controls; check it rather than counting from memory.

What a complete claim needs

• Your story, in your own words: what happened, who you fear and why, dates and places, written with your interpreter and read back to you.
• Identity documents: passport, national ID, and an explanation for anything missing.
• Proof of what happened: police or medical reports, letters from witnesses, photos, news articles, with translations.
• Family members: every family member on the claim must also be complete. The extension covers the whole family group.

Mistakes I have seen

• I have seen claimants file a short narrative just to meet a deadline and then struggle at the hearing when their testimony had to fill the gaps.
• I have seen claimants wait for a document from home and miss the date without asking for the extension that was available.
• I have seen people stop checking the portal after moving, and miss a notice.
• I have seen translations done by friends that changed the meaning of a key sentence.

Frequently asked questions

Does missing the 60 days make my claim ineligible?

No. Eligibility has already been decided. Missing the date sends the claim to the Board for an abandonment proceeding, where you can still complete it and explain.

Can I get the 30-day extension after the date passes?

The rule requires you to ask; IRCC says to ask before the due date. After that, you rely on the Minister’s fairness discretion or the Board.

Can I work while I finish my claim?

The work permit comes after the complete claim and the medical exam, so finishing early also gets you the permit sooner.

My claim was referred before November 3. Does this apply to me?

No. Claims already referred to the Board continue under the old rules.

What if I made my claim more than a year after arriving?

That is a separate eligibility question. See our guide on the one-year rule.

Related guides

See our guides on the refugee claim process, work permits for refugee claimants and reopening an abandoned claim.

What should I do right now?

Find your notice and write down the due date. If it has not passed, ask for the extension in the portal today, for your whole family group. If it has passed, gather what is missing and complete the claim now, and keep proof of why you were late.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Regulations Amending the Immigration and Refugee Protection Regulations (Asylum System Reform), SOR/2026-218, Canada Gazette Part II, November 4, 2026, including the Regulatory Impact Analysis Statement
• IRCC: Canada proposes new regulations to modernize the asylum process (June 19, 2026)
• Immigration and Refugee Protection Act, s. 100

This article is general information, not legal advice. Every case depends on its own facts.