Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, is now law and changes how refugee claims are processed. Claimants who cross the border irregularly and miss a 14-day filing window, or who wait more than a year to claim asylum, can lose their right to a hearing before the Immigration and Refugee Board. This applies retroactively to entries dating back to June 2020. If any part of that applies to you or someone you know, understanding your options now matters more than it did a year ago.
What Changed Under Bill C-12?
Two provisions stand out. The first gives the immigration minister and department broader authority to cancel immigration documents, including study permits, work permits, and travel authorizations, based on an undefined standard of “public interest.” The second removes access to an oral refugee hearing for claimants who missed the 14-day filing window after an irregular border crossing, or who waited more than a year after arriving to file, going back to anyone who entered after June 2020.
Instead of a hearing before the Refugee Protection Division, affected claimants are shifted to the Pre-Removal Risk Assessment process, a paper-based review conducted by border services officers, without an oral hearing and without an internal appeal option.
Source: Bill C-12 Mean for Refugee Claims in Canada in 2026
Why Are Immigration Lawyers Concerned?
The Canadian Immigration Lawyers Association has flagged this law as a serious procedural setback, and the concern is not really about being tough versus lenient on border security. It is about predictability. A system that runs on broad ministerial discretion rather than clearly written rules is harder for applicants and their lawyers, to prepare for. It also opens the door to inconsistent outcomes depending on which officer reviews a file.
The scale is significant too. Government officials have acknowledged that a large share of asylum claims filed in just a few months of 2025, roughly a third, would not have qualified for a hearing under these new rules. That is not a small technical adjustment. It is a fundamental change in how a large group of claimants will be assessed going forward.
What Is Being Proposed to Fix It?
Legal advocates have put forward four specific changes. Define “public interest” with concrete, enumerated grounds instead of leaving it open-ended. Restore the right to an oral hearing, or at minimum a right to request one. Create an internal appeal mechanism for Pre-Removal Risk Assessment decisions, since right now the only recourse is a Federal Court judicial review. And suspend the retroactive reach of the one-year filing rule while Parliament takes a closer look at its consequences.
Whether Parliament acts on these proposals is an open question, and reasonable people disagree on how far reform should go. Some see the law as a necessary tightening of a system under strain. Others see it as a shift that pushes vulnerable people into legal grey zones rather than solving the underlying pressure on the asylum system. Both views are part of the current public debate, and it is worth understanding both before assuming this issue is settled.
What Should Affected Claimants Do Right Now?
If you entered Canada irregularly at any point since mid-2020 and have not yet resolved your claim, or you are unsure whether the new filing windows apply to your case, get a professional file review as soon as possible. Timelines under this law are unforgiving, and a missed step can mean the difference between an oral hearing and a paper-based review with far lower approval odds.
Canada’s asylum system has long been a point of national pride, built on the idea that people fleeing danger deserve a fair, human hearing. Whatever changes come next, we believe the system works best when it is predictable, well-resourced, and gives every claimant a real chance to be heard. That is the standard we hold every case to.
Frequently Asked Questions
It can. The one-year filing rule applies retroactively to people who entered Canada after June 24, 2020, so earlier entries may still be affected.
It is a paper-based review process, run by Canada Border Services Agency officers, used to assess whether someone faces risk if removed from Canada. It does not include an oral hearing.
There is currently no internal appeal mechanism. The only option is judicial review at the Federal Court.
The document cancellation provisions can affect a broader group, including holders of study permits, work permits, and travel authorizations.
It is now law, but advocacy groups are actively pushing for amendments, so further legislative change is possible.
Yes. Given the retroactive scope of this law, cases that seemed resolved may need a second look.
If Bill C-12’s new rules might affect your status or a pending claim, don’t wait for a filing deadline to find out. Book a consultation with ImmigCanada and let RCIC Eivy Joy Quito and our team review your file against the current law.
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