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REFUGEE CLAIMS

⚠ IMPORTANT NOTICE — Changes to Refugee Claims in Canada 

Canada’s refugee protection system has undergone significant changes under Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, which was passed into law on March 26, 2026. This legislation represents a very significant overhaul of refugee determination as we know it — one that will severely restrict people’s access to the Refugee Protection Division and to refugee hearings.

New Ineligibility Rules for Claims Made On or After June 3, 2025

Bill C-12 introduced new restrictions on who can access refugee hearings before the Immigration and Refugee Board. Your refugee claim will be found ineligible and will not be referred to the Refugee Protection Division (RPD) if:

The One-Year Rule:

You submitted your claim on or after June 3, 2025, and more than one year after your first entry to Canada after June 24, 2020, regardless of whether you have since left and returned.

The one-year claiming deadline applies to all temporary residents, including international students and foreign workers, regardless of whether they exited and re-entered the country.

The 14-Day Rule

You submit your claim more than 14 days after crossing the Canada-United States land border at a location that is not an official port of entry.

The 14-day rule does not change the application of the Safe Third Country Agreement (STCA) for those who make a claim within 14 days of their irregular entry — they continue to be subject to the STCA and will be returned to the United States unless they meet an exception or are exempt.

However, those whose claims are found ineligible under the 14-day rule are not subject to the Safe Third Country Agreement and will not be returned to the United States.

Exception for Unaccompanied Minors

Children who arrive in Canada without a parent or guardian are exempt from both the one-year rule and the 14-day rule.

What Happens if Your Claim is Found Ineligible

If your claim does not meet the new eligibility requirements, you will be referred to the Canada Border Services Agency (CBSA). CBSA will assess whether you qualify for a Pre-Removal Risk Assessment (PRRA), which evaluates the risk you would face if returned to your country of origin.

Other Reasons Your Claim May Be Ineligible

In addition to the new Bill C-12 rules, your refugee claim will also be found ineligible if any of the following apply:

  • You have already been recognized as a Convention refugee by another country and are able to return there
  • You have already been granted protected person status in Canada
  • A removal order is currently in effect against you
  • You have previously made an asylum claim in another country
  • You are inadmissible to Canada on grounds of security, serious criminality, or human rights violations
  • A previous asylum claim you made in Canada was found ineligible
  • A previous asylum claim you made in Canada was rejected, withdrawn, or abandoned
  • You entered Canada from the United States along the land border

What is Refugee Protection?

The concept of “refugee protection” relates to people who:

• are determined to be Convention refugees outside Canada and have been allowed to come to Canada for protection reasons;

• are determined in Canada by the Immigration and Refugee Board (IRB) to be Convention refugees or persons in need of protection;

• are granted protection by the Minister of Citizenship and Immigration (C&I) through a pre-removal risk assessment (PRRA).

What You Need to Prove at Your Hearing

If your claim is found eligible and referred to the IRB, a hearing will be scheduled. At the hearing you will need to demonstrate that you meet the legal definition of either a Convention refugee or a person in need of protection.

A “Convention refugee” is any person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, is outside the country of his or her nationality and is unable, or by reason of that fear, unwilling to avail himself or herself of the protection of that country; or, not having a country of nationality, is outside the country of his or her former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.

A “Person In Need of Protection” is a person who has been granted refugee protection because of a danger of torture or because of a risk to life or a risk of cruel and unusual treatment or punishment.

However, even where a refugee claimant meets all the elements of the refugee definition or all the elements of a person in need of protection, he/she may nevertheless be returned to his country of origin if any of the following exclusions apply:

(1) he/she has protection in another country;

(2) he/she is likely guilty of persecuting others;

(3) he/she is likely guilty of a serious non-political crime; or

(4) he/she is likely guilty of acts contrary to the purposes and principles of the United Nations.

A claim for refugee protection will generally be rejected, and a person will not be considered a Convention refugee or a person in need of protection if that person has done any of the following:

• voluntarily “re-availed” herself of the protection of the country of nationality (for example, by returning to live there);

• voluntarily reacquired her nationality (for example, by applying for a passport);

• acquired a new nationality and is enjoying the protection of the country of that new nationality; or

• voluntarily re-established herself in the country of former habitual residence on which the claim to refugee protection was based (where the refugee has no country of citizenship).

Claim accepted by the Refugee Protection Division

If a claim is accepted, the next step is to apply for permanent resident status for himself/herself and for his/her spouse and dependent children.

Not Eligible for Permanent Residence

However, a successful refugee claimant is not eligible to apply for permanent residence if:

(1) there is no further need to protect the refugee claimant (for example, as a result of a newly elected government in the claimant’s country of origin).

(2) protection has been vacated because the original decision for protection was obtained as a result of directly or indirectly misrepresenting or withholding material facts.

For each of the above situations, the minister must apply to the Refugee Protection Division to request a hearing into the matter to argue cessation or vacation.

Claim rejected

When a refugee’s claim is rejected, the removal order may come into effect. However, before removal takes place, the unsuccessful refugee claimant may have the following options:

(1) voluntary departure;

(2) appeal of the Refugee Protection Division decision to the Refugee Appeal Division (RAD);

(3) application for leave for judicial review by the Federal Court, during which the removal order may be stayed;

(4) application to IRCC for a Pre-removal Risk Assessment (PRRA) 12 months from the date of the notice of decision.

Some failed refugee claimants who have no right to appeal to the Refugee Appeal Division may apply for a judicial review by the Federal Court.

This page is for informational purposes only and does not constitute legal advice. Immigration laws change frequently. Please consult a licensed immigration consultant or lawyer for advice specific to your situation. Last updated: July 1, 2026.