Question 3

An abandonment hearing will be held.

If a client fails to submit their Basis of Claim (BOC) form within the 45-day time limit after making a refugee claim at a Port of Entry (POE), the consequence is that an abandonment hearing will be held to determine the status of their claim.

A) A removal order will be enforced immediately.

This option is incorrect because a removal order is not automatically enforced upon failing to submit the BOC form within the specified time limit. Instead, the process involves an abandonment hearing to assess the situation before any removal actions can be taken.

B) An abandonment hearing will be held.

This option is correct as it directly aligns with the consequences of not submitting the BOC form within the 45 days. The abandonment hearing allows for a review of the claim and the circumstances surrounding the failure to submit the required documentation.

C) The RPD will require them to file a new claim.

This option is incorrect since the Refugee Protection Division (RPD) does not simply require a new claim to be filed after the deadline has passed. Instead, the failure to submit the BOC form leads to an abandonment hearing rather than an automatic requirement for a new claim.

D) Their claim will be refused.

This option is also incorrect because a claim is not outright refused solely based on the failure to submit the BOC form in time. The abandonment hearing serves as a review process before determining the final status of the claim, which may or may not lead to refusal.

Conclusion

The correct answer is that an abandonment hearing will be held, as this process is the established protocol for addressing cases where clients do not submit their BOC forms on time. All other options fail to accurately reflect the procedural steps that follow a missed deadline for BOC submission, emphasizing the importance of the abandonment hearing in evaluating the claim's validity.