Big Changes to Asylum Claims in Canada

The Canadian government has introduced two proposed ineligibility rules under the Strong Borders Act, aiming to safeguard the integrity of the asylum system. These changes are designed to manage sudden increases in claims, ease the strain on the current system, and discourage individuals from using asylum pathways to bypass regular immigration procedures or to prolong temporary stays in Canada.

Here’s what’s being proposed:

• Delayed Asylum Claims: Individuals who file for asylum more than one year after arriving in Canada—on or after June 24, 2020—would be ineligible to have their claims referred to the Immigration and Refugee Board (IRB). This applies to everyone, including international students and temporary residents, regardless of whether they've left and re-entered the country.

• Irregular Border Crossings: Asylum seekers who enter Canada irregularly from the United States (i.e., between official border crossings) and make a claim more than 14 days after entry would also be ineligible for IRB referral.

These new rules are set to take effect on Tuesday, June 3, 2025, and would apply to any asylum claim made on or after that date.

It’s important to note that these changes are not an outright ban on asylum claims. Instead, they are intended to streamline the system by preventing false claims from reaching the IRB and helping to reduce backlogs.

For those affected by the proposed rules, there remains a critical safeguard: the Pre-Removal Risk Assessment (PRRA). This process evaluates the specific risks an individual might face if returned to their home country, such as persecution, torture, or other serious harm. In some cases, the PRRA may still result in refugee protection being granted.