New laws in Canada may affect your refugee claim eligibility, even if you have already submitted your application. Some information on this website is out of date. We are updating it. Speak with a lawyer or trusted settlement service provider. Learn More

New Laws Affecting Refugee Claim Eligibility

As of March 26, 2026, new laws (Bill C‑12) impact refugee claim eligibility in Canada. 

New Eligibility Rules

These new rules apply to all claims made on or after June 3, 2025. 

Your claim will not be eligible for referral to the Immigration and Refugee Board (IRB) if:

  • You made your claim more than one year after you first entered Canada (after June 24, 2020), even if you left the country and returned since then. 
  • You entered Canada between official border crossings and made your claim more than 14 days after entry*

* The Safe Third Country Agreement (STCA) is still in effect. If you enter Canada between official border crossings and make a claim within 14 days, your claim will not be found eligible for referral to the IRB, unless you meet an exception to the STCA. 

For more detailed eligibility information, see IRCC’s website:

Important: IRCC and CBSA are reviewing all claims made after June 3, 2025. If your claim is affected by these new rules, you and your legal representative will be contacted. Make sure IRB, IRCC, CBSA, and your legal representative have your current contact information.

If Your Claim is Not Eligible for Referral to the IRB

If your refugee claim is ineligible, you will be referred to the Canada Border Services Agency (CBSA). CBSA will determine if you can apply for a Pre-Removal Risk Assessment (PRRA).

A PRRA is an application where you ask for protection from being sent back to a country where you may face persecution, torture, or cruel treatment. A PRRA is not the same as a refugee hearing, but if accepted, you may become a protected person.

Getting Support and Information

  • Get information or advice from a lawyer or legal representative if you have questions about refugee claim eligibility or concerns about the status of your claim.
  • Settlement and community organizations can help you understand these new rules and connect you to legal representatives/resources.

For a list of organizations in your area, see the Community Resources page.