Immigration, Refugees and Citizenship Canada flags 30,000 refugee claims as potentially ineligible under new rules

Canada’s immigration department is notifying up to 30,000 refugee claimants that their cases may be ineligible for a full asylum hearing, following recent legislative changes that tighten eligibility rules.

Immigration, Refugees and Citizenship Canada (IRCC) confirmed that “procedural fairness letters” are being sent to applicants, giving them a limited window to respond before a final decision is made.

“These are not deportation letters,” the department said, noting that applicants are being given an opportunity to provide additional information.

New law reshapes eligibility rules

The notices stem from changes introduced through Bill C-12, which restricts when and how asylum claims can be made.

Under the updated rules:

• Individuals who waited more than one year after entering Canada to file a claim may be deemed ineligible

• The law applies retroactively to June 24, 2020

• It affects claims submitted on or after June 3, 2025

Applicants receiving the letters typically have 21 days to submit further evidence explaining their circumstances.

Shift away from in-person hearings

If deemed ineligible, claimants will not have their cases referred to the Immigration and Refugee Board of Canada (IRB) for a full hearing.

Instead, they may be directed to apply for a pre-removal risk assessment (PRRA) — a paper-based process used to evaluate whether a person faces danger if returned to their home country.

Immigration lawyers warn this shift removes a critical layer of fairness.

“It’s very different to explain your situation on paper than in front of a decision-maker,” said Adam Sadinsky of the Canadian Association of Refugee Lawyers.

Concerns over fairness and confusion

Legal experts say the new approach raises several concerns:

• Loss of oral hearings, where applicants can clarify inconsistencies

• Family separation, with some members deemed eligible and others not

• Retroactive application, affecting people who entered years earlier

• Potential misinformation, especially around departure requirements

Toronto-based immigration lawyer Lida Berenjian says her office has been inundated with calls from worried applicants.

“Every single day, I’m receiving hundreds of ‘please help’ calls,” she said.

Letters urging immediate departure

Some applicants have received stronger notices stating their claims are already ineligible and instructing them to leave Canada.

These letters warn that failure to depart could result in a deportation order, though they also note that individuals may still be eligible for a PRRA.

Lawyers argue the messaging could be misleading.

Sadinsky said claimants have a constitutional right to a risk assessment before removal, and premature departures could prevent them from exercising that right.

Risk of legal limbo

Another concern involves applicants from countries where Canada does not currently carry out deportations for safety reasons.

In such cases, individuals may:

• Be ineligible for asylum hearings

• Lack access to PRRA

• Remain in Canada without clear legal status

Lawyers warn this could leave some people stuck in prolonged uncertainty, unable to reunite with family or access certain services.

What’s next

IRCC says each case will be reviewed individually, with applicants given a chance to respond before final decisions are made.

However, with tens of thousands of files under review, the policy shift is expected to have widespread implications for Canada’s refugee system — and for the individuals navigating it.