New Refugee Eligibility Requirements in Canada

Canada has introduced new refugee eligibility requirements through Bill C-12, the Strengthening Canada's Immigration System and Borders Act. These changes affect who can access refugee protection in Canada and whether certain asylum claims are referred to the Refugee Protection Division of the Immigration and Refugee Board.

While Canada continues to protect people fleeing persecution, torture, and other serious risks, the new eligibility requirements mean that some individuals who would previously have received a refugee hearing may now be found ineligible. Understanding these new rules is essential before claiming asylum in Canada.

How Refugee Eligibility Is Assessed in Canada

Before a person receives a refugee hearing, Canadian immigration authorities first determine whether they are eligible to make a refugee claim under the Immigration and Refugee Protection Act.

This process begins with an eligibility interview conducted by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). During the interview, officers review the person's identity, immigration history, manner of entry into Canada, previous refugee claims, and whether any legal barriers prevent the claim from being referred to the Refugee Board.

As part of the process, refugee claimants must generally complete a Basis of Claim (BOC) Form, provide identity documents where available, and explain why they fear returning to their home country. Officers also assess whether the claim falls within the legal eligibility requirements established under Canadian law.

If the claimant is eligible, the refugee claim is referred to the Refugee Protection Division for a hearing. If the claimant is found ineligible, the claim will not proceed to the Refugee Board, although other protection options may still exist depending on the individual's circumstances.

What Changed Under Bill C-12?

Bill C-12 introduced two major eligibility changes: a new one-year rule for certain refugee claimants and a new 14-day rule for people who enter Canada irregularly between ports of entry along the Canada-United States land border. These changes apply to specified claims made after the legislation came into force and may prevent some asylum claims from being referred to the Refugee Board.

The Government of Canada has stated that these asylum measures are intended to strengthen Canada's immigration system, reduce pressure on the asylum system, and close perceived loopholes in the refugee claim process.

What Are the New Refugee Eligibility Requirements in Canada?

Under the new refugee eligibility requirements, some individuals may no longer qualify to have their refugee claim heard by the Immigration and Refugee Board.

The most significant changes include:

• A refugee claim made more than one year after a person's first entry into Canada after June 24, 2020 may be found ineligible.

• A person who enters Canada between official ports of entry along the Canada-United States land border and waits more than 14 days before making a refugee claim may also be found ineligible.

• These rules apply regardless of whether the person later left Canada and returned.

• Individuals who are found ineligible may still be assessed through other legal processes, such as a Pre-Removal Risk Assessment (PRRA) if they later face removal.

These new eligibility rules do not change the legal definition of a Convention refugee or the types of risks that qualify for refugee protection. Instead, they determine whether a claim can proceed to a refugee hearing in the first place.

Who Can Become Ineligible for Refugee Protection?

The new rules affect specific groups of refugee claimants rather than all people seeking asylum.

Individuals who may be affected include:

• People who delayed claiming asylum for more than one year after first entering Canada.

• Individuals who entered Canada between ports of entry and did not make a claim within 14 days.

• Temporary residents whose circumstances changed after arriving in Canada.

• People who previously entered Canada but only later faced persecution in their home country.

• Individuals whose refugee claim has been withdrawn, abandoned, or rejected under certain circumstances.

The Government of Canada has indicated that officers will receive guidance to consider the individual circumstances of unaccompanied minors, recognizing that children without legal guardianship may require additional protection during the eligibility process.

When Do the New Refugee Rules Apply?

The new refugee eligibility rules became law when Bill C-12 received Royal Assent on March 26, 2026. The eligibility provisions apply to claims made on or after June 3, 2025, using June 24, 2020 as the reference date for the one-year rule.

Because these provisions can affect people who entered Canada several years earlier, determining whether the new rules apply requires careful review of a person's immigration history, dates of entry, and current legal status.

Anyone considering making an asylum claim should seek legal advice before filing to ensure they understand how the new eligibility requirements may affect their case.

Can International Students Still Claim Asylum?

Yes. International students can still claim asylum in Canada if they meet the legal eligibility requirements. Holding a study permit does not prevent someone from seeking refugee protection if they genuinely fear persecution, torture, or another protected risk in their home country.

However, international students are subject to the same new refugee eligibility requirements as other temporary residents. If they waited more than one year after first entering Canada to make a refugee claim, or if another eligibility rule applies, their claim may not be referred to the Refugee Board.

Every case depends on its individual facts, including the student's immigration history, the timing of the claim, and why protection is now being sought.

Speak to an Experienced Immigration Lawyer at AKM Law

The introduction of Bill C-12 has made Canada's asylum system more complex, particularly for individuals whose eligibility may now be questioned before they receive a refugee hearing. Determining whether the new rules apply requires careful analysis of your immigration history, dates of entry, temporary status, and personal circumstances.

At AKM Law, we assist refugee claimants with every stage of the refugee claim process, from eligibility assessments and preparation of the BOC Form to representation before the Immigration and Refugee Board, Pre-Removal Risk Assessments, and Federal Court proceedings where necessary. We carefully review whether the new refugee eligibility requirements affect your case, explain your legal options, and prepare the strongest possible evidence to support your claim for protection.

If you are considering claiming asylum in Canada or are concerned that your refugee claim may be found ineligible under the new rules, obtaining legal advice as early as possible can help protect your rights and ensure that every available legal option is properly considered.