Earlier this year, Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, received Royal Assent and became law. The legislation makes significant changes to how Canada determines whether certain asylum claims can be referred to the Immigration and Refugee Board of Canada (IRB). It also introduces measures intended to modernize asylum processing, expand domestic information sharing, and give the federal government new authority over immigration documents and applications.
For refugee claimants and other immigration applicants, these changes make timing, accurate disclosure, and careful preparation more important than ever. Some provisions are already in effect, while others will be implemented through future regulatory changes.
New Eligibility Rules for Asylum Claims
The most immediate changes involve two new eligibility restrictions. According to Immigration, Refugees and Citizenship Canada, these restrictions apply to asylum claims made on or after June 3, 2025.
The first rule affects people who first entered Canada after June 24, 2020. If a person waits more than one year after that first entry to make an asylum claim, the claim will not be referred to the IRB. Leaving Canada and returning later does not restart the one-year period.
This is a major change for people who initially came to Canada as visitors, students, or temporary workers and later became afraid to return to their country. A person may have valid reasons for not claiming protection immediately, but the date of first entry can now determine whether the IRB is able to hear the claim.
The second rule applies to people who enter Canada between official ports of entry along the Canada–United States land border. If they wait more than 14 days after entering to make an asylum claim, the claim will not be referred to the IRB.
These rules are separate from the Safe Third Country Agreement. People who make a claim at a land port of entry or within 14 days of entering irregularly may still be returned to the United States unless they qualify for an exception or exemption under that agreement.
What Happens If a Claim Is Not Referred to the IRB?
An ineligible asylum claim does not necessarily mean that the person will be removed without any assessment of the dangers they may face. People affected by the new restrictions may still have access to a pre-removal risk assessment, commonly known as a PRRA.
A PRRA examines whether removing someone from Canada would expose them to persecution, torture, a risk to life, or cruel and unusual treatment or punishment. However, a PRRA is not identical to a refugee hearing before the IRB. The procedures, evidence, legal tests, and available appeal options may be different.
Anyone who may be affected by the new deadlines should obtain legal advice as early as possible. It is important to confirm the relevant entry dates, understand whether another eligibility rule applies, and determine what protection process may still be available.
Canada Is Modernizing the Asylum Process
Bill C-12 also creates the framework for changes to how asylum claims are received and processed. The federal government plans to update the Immigration and Refugee Protection Regulations over the coming months.
The proposed changes are expected to simplify online applications, reduce duplicate questions, and ensure that only complete and “schedule-ready” claims are referred to the IRB. They are also intended to remove inactive cases and provide representatives for certain vulnerable individuals, including minors and people who may not understand the proceedings.
Claimants will need to remain physically present in Canada while their claim is being decided. If someone voluntarily returns to the country where they allege they face persecution before the IRB reaches a decision, the claim may be treated as abandoned.
Withdrawing a claim may also have faster consequences. Under the new framework, a removal order could become effective on the same day that a refugee claim is withdrawn. Claimants should therefore obtain advice before withdrawing a claim, leaving Canada, or making any decision that could affect their protection case.
Expanded Domestic Information Sharing
Bill C-12 gives IRCC clearer authority to share certain information within the department and with federal, provincial, and territorial partners.
The information may include a person’s identity, immigration status, and documents issued by IRCC. Information may also be used more easily across IRCC programs, such as when permanent residence information is relevant to a later citizenship application.
The government states that written information-sharing agreements and privacy safeguards must be in place. A privacy impact assessment is also required before IRCC uses personal information for a new internal purpose.
For applicants, the practical lesson is that information provided in one immigration process may be compared with information submitted elsewhere. Inconsistent employment histories, addresses, travel dates, family details, or previous immigration answers can create questions about credibility or possible misrepresentation.
Applicants should review their full immigration history and correct errors appropriately rather than assuming that information given in separate applications will remain separate.
New Authority Over Immigration Documents and Applications
The legislation also allows the federal government to take broader action involving immigration documents such as visas, electronic travel authorizations, work permits, and study permits.
When considered necessary in the public interest, the government may cancel, suspend, or change groups of immigration documents. It may also pause the acceptance of applications or suspend or cancel their processing. Public-interest grounds may include fraud, administrative errors, public health concerns, safety, or national security.
These powers require approval from the Governor in Council through an order in council recommended by Cabinet. Decisions must be published in the Canada Gazette and reported to Parliament.
Importantly, these authorities do not apply to refugee protection claims and do not give the government a general power to grant or revoke permanent resident or temporary resident status. However, they may affect the documents people rely on to travel to, study in, or work in Canada.
What Applicants and Refugee Claimants Should Do
Bill C-12 makes immigration history and timing central to many protection cases. Before making an asylum claim, applicants should gather records showing when and how they first entered Canada, whether they later left and returned, and when the circumstances creating the need for protection arose.
Claimants should also preserve identity documents, travel records, immigration applications, evidence of country conditions, and communications relating to their fear of returning. Details provided to IRCC, the Canada Border Services Agency, and the IRB should be carefully reviewed for accuracy and consistency.
Speak With Hummel Law About the New Asylum Rules
Canada’s new immigration and asylum measures may have serious consequences for people who entered Canada years ago, crossed the Canada–United States border, or delayed making a refugee claim. The applicable options depend on the person’s entry history, immigration status, circumstances, and the risks they face.
Hummel Law assists clients with refugee matters, pre-removal risk assessments, refugee appeals, stays of removal, humanitarian applications, and immigration appeals and judicial review. If you are considering a refugee claim or are concerned that the new eligibility restrictions may apply to you, contact Hummel Law for a confidential consultation. Early legal advice can help you understand the deadlines, preserve your available options, and prepare the strongest possible case.
