A client made a refugee claim at a POE but failed to submit their BOC form within the 45-day time limit. What should the RCIC advise their client of the consequence?
An abandonment hearing will be held.
When a client fails to submit their Basis of Claim (BOC) form within the prescribed 45-day time limit, it triggers a process that leads to an abandonment hearing rather than an immediate enforcement of removal or a refusal of the claim. This hearing provides the client an opportunity to explain their failure to meet the deadline.
A removal order is not enforced immediately upon missing the deadline for submitting the BOC form. Instead, the process allows for an abandonment hearing, which assesses the circumstances surrounding the late submission. Removal orders can only be issued following specific legal procedures and decisions made by the Refugee Protection Division (RPD).
This is the correct consequence for a client who fails to submit their BOC form on time. The abandonment hearing allows the RPD to consider the reasons for the delay and determine whether the claim should still be processed, thereby affording the client an opportunity to explain their situation.
The RPD does not automatically require the filing of a new claim after a missed deadline. The existing claim is subject to review during the abandonment hearing, and the outcome of that hearing will inform the next steps, rather than simply mandating a new claim.
While failing to submit the BOC form can lead to a refusal, this outcome is not immediate. The process allows for an abandonment hearing to take place before any refusal is decided, providing the client a chance to present their case.
In summary, when a client misses the 45-day deadline to submit their BOC form, the procedure initiated is an abandonment hearing, not immediate removal or claim refusal. This mechanism ensures that clients have the opportunity to explain their circumstances, which is crucial in the refugee claim process. Understanding this procedure helps the RCIC effectively guide their clients through navigating potential consequences of missed deadlines.
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