Immigration Corner | New Canadian asylum rules

Dear Miss Powell,

I hear there are new immigration and asylum rules in Canada. Can you please help me understand? I am in Canada as a visitor and plan to apply for asylum to stay, and I am wondering how this new law could affect my application.

H.E.

Dear H.E.,

Many people currently in Canada are trying to understand how the recent legal changes may affect their ability to seek asylum. I will outline the key developments and what they could mean for you.

On March 26, 2026, Bill C-12, often referred to as the Strengthening Canada’s Immigration System and Borders Act, received Royal Assent, introducing significant changes to Canada’s immigration and asylum system. The legislation amends the Immigration and Refugee Protection Act in several important areas.

New Eligibility Requirements for Asylum Claims

This is the change most likely to affect you directly.

There are two new eligibility rules that now apply to refugee claims made on or after June 3, 2025. First, if you entered Canada after June 24, 2020, and waited more than one year from your initial entry to make a refugee claim, your claim may not be referred to the Immigration and Refugee Board of Canada (IRB) for a hearing. This may apply even if you left and later re-entered Canada.

Second, individuals who enter Canada between official ports of entry along the Canada–United States land border must make a claim within 14 days. If they wait longer, their claim may also be found ineligible for referral to the IRB.

If you are currently in Canada as a visitor, it is important to determine when you first entered and whether either of these timelines applies to your situation. Timing is now a critical factor.

The good thing is that even if a claim is found ineligible under these rules, individuals may still have access to a Pre-Removal Risk Assessment (PRRA). A PRRA is a process used to assess whether a person would face a risk of persecution, torture, or serious harm if returned to their country.

A Changing Asylum Process

The government has indicated that further regulatory changes are expected to modernize how claims are received and processed. There will likely be greater emphasis on submitting complete applications at an early stage, with less flexibility for delays or missing information. Under the existing practice, a claim may be considered abandoned if a person voluntarily returns to their country before a decision is made.

EXPANDED INFORMATION SHARING

The legislation also expands the government’s authority to share information between federal, provincial, and territorial bodies. This means that inconsistencies across applications or interactions with different government programmes may be more easily identified. Accuracy and consistency in your information are essential.

New Authorities Over Immigration Documents

The government now has broader powers to manage immigration documents such as visas, work permits, and study permits. In circumstances such as concerns related to fraud, public health, or national security, it may pause or cancel groups of applications or documents. While these measures do not directly change the refugee determination process, they reflect a stricter overall approach to immigration control.

What You Should Do

If you are considering making an asylum claim, it is important not to delay. These new rules make timing and preparation more important than ever. You should seek legal advice as soon as possible to understand how the law applies to your specific circumstances and to ensure that your application is properly prepared.

Deidre S. Powell is a Canadian lawyer, mediator and author of “Tell me a story Grandma”. Connect with her via www.deidrepowell.com or via Facebook, Instagram, and Twitter. Telephone/WhatsApp 613-695-8777