When can a refugee claimant make an H&C application?
A refugee claimant can make an H&C application only if they withdraw their refugee claim before evidence is presented at their refugee protection hearing.
A refugee claimant can withdraw their claim by:
- writing to the Refugee Protection Division of the Immigration and Refugee Board, or
- saying they withdraw their claim at the beginning of their hearing.
See Can a refugee claimant who is not accepted make an H&C application? for the rules that apply to claimants who have not been accepted.