Canada has long been recognized as one of the most welcoming countries for refugees and asylum seekers. But a law that came into force on March 26, 2026, is now being challenged by immigration lawyers and advocacy groups who argue it crosses a constitutional line. The legislation at the centre of this debate is Bill C-12, formally known as the Strengthening Canada’s Immigration System and Borders Act. One of its most contentious provisions introduces the Bill C-12 Canada asylum bar, which restricts who can have their refugee claim heard by the Immigration and Refugee Board (IRB).
What the Bill C-12 Canada Asylum One-Year Bar Actually Means?
Under the new rule, a person who has been in Canada on temporary status for more than one year before making a refugee claim may be found ineligible to have that claim referred to the Refugee Protection Division of the IRB.
This is a significant change. Previously, the refugee determination system was more broadly accessible to people in Canada, regardless of how long they had been here on temporary status. The IRB hearing process involves an independent oral hearing where claimants can present evidence and legal submissions.
Under the Bill C-12 Canada asylum bar, ineligible claimants may instead be directed to a Pre-Removal Risk Assessment (PRRA). The PRRA is a written process conducted by IRCC officers. It offers fewer procedural safeguards, no independent oral hearing, and historically has had very low approval rates.
Critics argue this creates a two-tiered system where equally vulnerable individuals receive very different levels of protection depending entirely on how long they waited to make a claim.
Legal Community Responds
Immigration lawyers across Canada have been vocal about their concerns. Organizations including the Refugee Lawyers Association of Ontario, the Canadian Association of Refugee Lawyers, and the Canadian Immigration Lawyers Association are actively preparing Charter challenges to contest the legislation in court.
Their argument centres on section 7 of the Canadian Charter of Rights and Freedoms, which protects life, liberty, and security of the person. If someone faces a real risk of persecution or harm upon return to their home country, denying them a fair hearing process potentially puts those fundamental rights at risk.
The Bill C-12 Canada asylum bar has also been criticized for its retroactive reach. The one-year calculation applies to any person who entered Canada after June 24, 2020, the date Canada began formally tracking air and land entries and exits. This means someone who visited Canada as a tourist years ago, returned home, later experienced a threat to their safety, and came back to claim refuge, could be barred from a full hearing because of that earlier visit.
The Human Story Behind the Policy
Policy discussions can sometimes lose sight of the real people affected. Consider someone who came to Canada as an international student, built a life here, and eventually realized they could not safely return to their country of origin due to their identity or beliefs. Under the old system, they could access the refugee determination process. Under the Bill C-12 Canada asylum bar, if they waited more than a year after arriving before making a claim, they may be directed to a far more limited process.
Legal experts note that people often delay making refugee claims for many reasons: fear of losing their student or work status, hope that their situation back home will improve, lack of access to legal advice, or simply not knowing they had the right to claim protection at all.
Punishing people for that delay with a reduced hearing process raises serious human rights questions.
What Happens Next?
The constitutional challenges being prepared by the legal community will take time. Court proceedings in Canada can stretch over years, and a final ruling could be a long way off. In the meantime, individuals who receive ineligibility notices under the new law may still have options, including the PRRA process, judicial review at the Federal Court, and in some cases, humanitarian and compassionate grounds applications.
It is critical that anyone facing these circumstances seeks qualified legal help immediately. At ImmigCanada, we strongly encourage anyone who has received correspondence from IRCC about their refugee claim status to consult a licensed immigration lawyer or a regulated immigration consultant as soon as possible. The outcome of these Charter challenges could have lasting effects on how Canada’s refugee system operates.
Frequently Asked Questions
It is a provision under Bill C-12, which became law in March 2026, that makes refugee claims ineligible to be referred to the IRB if the claimant was in Canada on temporary status for more than one year before making the claim.
It primarily affects individuals who came to Canada on temporary status, such as study or work permits, and did not make a refugee claim within one year of their first entry after June 24, 2020.
An IRB hearing is an independent oral process with procedural protections where claimants can present evidence directly. A PRRA is a written assessment conducted by IRCC officers with fewer safeguards and historically lower approval rates.
Yes. Several legal organizations are preparing Charter challenges. These challenges argue that the law may violate fundamental rights protected under the Canadian Charter of Rights and Freedoms.
Contact a licensed immigration lawyer or regulated immigration consultant immediately. Do not wait, as there are strict deadlines involved. ImmigCanada can help point you in the right direction.
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