Refugee law · Bill C-12
The one-year rule for refugee claims in Canada
The short answer. If you first entered Canada after 24 June 2020 and filed your asylum claim more than one year after that first entry, your claim will not be referred to the Immigration and Refugee Board. This came into force with Bill C-12 on 26 March 2026 and applies to claims filed on or after 3 June 2025. Leaving Canada and returning does not restart the clock. If this applies to you, a Pre-Removal Risk Assessment may still be available, and the deadlines are short. Call us on +1 647-847-1748.
What changed
Bill C-12, the Strengthening Canada's Immigration System and Borders Act, received royal assent on 26 March 2026. It created two new ways an asylum claim can be found ineligible for a hearing before the Immigration and Refugee Board. Both apply to claims filed on or after 3 June 2025, which is why claims already in the system have been affected.
1. The one-year filing rule
A claim made more than one year after a person's first entry into Canada after 24 June 2020 is not referred to the Board. The date that matters is the first arrival, not the most recent one. Someone who arrived as a student or visitor in 2021, stayed, and claimed asylum in 2023 is caught by this rule even though the law did not exist at the time.
2. The 14-day border rule
A person who crossed into Canada from the United States between official ports of entry, rather than at a staffed crossing, and who filed a claim 14 days or more after arriving, is also barred from a Board hearing.
Who is most often caught by this
- People who came on a study or work permit, held valid status for a period, and claimed protection only when conditions at home changed.
- People who left Canada and re-entered after 24 June 2020, where the re-entry became the first entry that counts.
- Families whose members have different travel histories, where some receive ineligibility letters and others do not.
If you have received a letter from IRCC
A procedural fairness letter is not a final decision. It is a chance to respond before one is made, and it carries a firm deadline. Before that deadline:
- Write out your complete travel history, including every entry and exit since June 2020.
- Collect passport stamps, visas, permits, boarding passes and any border records that confirm those dates.
- Note anything about your circumstances that explains the timing of your claim.
- Speak to a lawyer before you reply. What you write in a response becomes part of your file.
What options remain if a claim is found ineligible
An ineligible claim does not go to the Board. A Pre-Removal Risk Assessment, decided by IRCC rather than the Board, remains available and can still result in protection. It is a narrower process with fewer procedural protections and more limited appeal rights than a hearing, which is why the quality of the written submissions matters a great deal. Depending on the facts, other avenues such as a humanitarian and compassionate application, or a challenge in the Federal Court, may also be worth considering. Which of these fits depends entirely on your dates, your status history and your risk in your home country.
The rules are still moving. A further package of asylum regulations was open for public comment until 20 July 2026, covering document deadlines and how hearings are scheduled. IRCC has said implementation is expected later in 2026, and no date has been confirmed. This page is reviewed as changes take effect.
Frequently asked questions
Does the clock restart if I left Canada and came back?
No. The one-year period runs from your first entry into Canada after 24 June 2020, regardless of how many times you have left and returned since.
Does the rule apply to unaccompanied minors?
IRCC introduced a temporary public policy exempting unaccompanied minors from the one-year filing bar, and officers have been given guidance to consider their individual circumstances. If this may apply to a child in your family, get advice quickly.
I have not filed a claim yet. What should I do?
Work out the date of your first entry into Canada after 24 June 2020 before doing anything else. If you are approaching one year from that date, timing is critical, and a delay of days can decide whether you get a hearing.
Can the law be challenged?
Legal challenges have been raised, including arguments that the rules conflict with Canada's obligations under the 1951 Refugee Convention, which sets no time limit on when a person may claim protection. Litigation of this kind is slow and no outcome is guaranteed, so it is not a reason to wait.
Talk to us about your dates
Most of these cases turn on a handful of dates and the documents that prove them. If you are unsure where you stand, bring your passport and permits and we will tell you plainly what applies. We serve clients across Ontario and Alberta, and we speak English, Nepali and Hindi.
Book a consultation or call +1 647-847-1748
Rajendra Pokharel is the Founder and Principal Lawyer of Pokharel Law in Toronto, called to the Ontario Bar in 2022. His practice is in immigration and refugee law, including hearings before the Refugee Protection Division, appeals to the Refugee Appeal Division, and applications to the Federal Court. Read his full profile.
This page is general information about Canadian law, current as at 19 September 2026. It is not legal advice and does not create a solicitor-client relationship. Immigration and refugee rules change frequently and outcomes depend on individual facts. Speak to a lawyer about your own situation.