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2 April 2026

Canada Just Made It Harder To Seek Asylum. Here Is What You Need To Know.

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Green and Spiegel

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Green and Spiegel is one of the world's oldest immigration law firms, with over 60 years of experience assisting a global clientele. Focusing exclusively on immigration law, the lawyers at Green and Spiegel provide a broad range of immigration services to individual, institutional, and corporate clients in Canada, the United States, and Europe.
Canada’s newly enacted Bill C‑12 introduces major changes to both refugee eligibility and the government’s authority over immigration documents.
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Canada’s newly enacted Bill C‑12 introduces major changes to both refugee eligibility and the government’s authority over immigration documents. Passed on March 26, 2026, the Strengthening Canada’s Immigration System and Borders Act reshapes how asylum claims are assessed and how immigration files can be managed.

Under the new rules, two types of asylum claims can no longer be referred to the Immigration and Refugee Board (IRB) for a hearing:

  • Claims made more than one year after a person’s first entry into Canada after June 24, 2020 are now ineligible, even if the person has since left and returned.
  • Claims from individuals who enter Canada irregularly between ports of entry along the U.S. border and file their claim after 14 days will also be ineligible.

In both situations, affected individuals may still seek a Pre‑Removal Risk Assessment to prevent them from being removed to a country where they are at risk of persecution, torture, cruel and unusual treatment or punishment, or they face a risk to their life.

A PRRA is generally not a practical alternative to an IRB hearing for many refugee claimants. Unlike a refugee claim heard at the IRB, which allows applicants to present oral testimony, call witnesses, and benefit from a robust evidentiary hearing, a PRRA is typically a narrow paper‑based review available only after a removal order is issued. Except in rare cases, PRRA applications do not involve a hearing. These constraints mean the PRRA process offers significantly fewer opportunities to present evidence, respond to concerns, or fully explain the risks a person faces, making it a more limited protective mechanism compared to an IRB hearing. A PRRA decision is also not appealable to the Refugee Appeal Division. While a PRRA rejection can be challenged in Federal Court, the court challenge on its own does not stop a person’s removal from Canada.

These new eligibility requirements will mean fewer procedural protections for affected individuals as they seek safety in Canada.

Bill C‑12 also grants the federal government broad new powers over immigration documents such as visas, electronic travel authorizations, and work and study permits. The government will now have the power to suspend, cancel, or change large groups of immigration documents if it deems it in the public interest. It can also pause or terminate the processing of immigration applications already in the system. The government currently defines “public interest” as cases involving administrative errors, fraud, public health, public safety, or national security concerns.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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