Recent changes to Canadian immigration law have caused significant concern among asylum seekers. The implementation of Bill C-12, which was sanctioned on March 26, aims to strengthen the immigration system and the country’s borders. This law modifies eligibility rules and imposes a one-year deadline for asylum applications from individuals who entered Canada after June 24, 2020.
Key Aspects of Bill C-12
Bill C-12 has raised alarm among thousands of asylum seekers. The law stipulates that if individuals do not submit their asylum application within one year after arriving in Canada, they will be deemed ineligible. For those who entered the country before the cut-off but applied for asylum after June 3, 2025, their requests will also be denied retroactively.
Impact on Asylum Seekers
- Approximately 30,000 asylum applicants may be affected by this new legislation.
- Letters issued by Immigration, Refugees, and Citizenship Canada (IRCC) instruct those affected to leave Canada immediately.
- Failure to comply may result in an expulsion order.
Response from Legal Advocates
Gabrielle Thiboutot, co-president of the Quebec Immigration Lawyers Association, calls the situation “pure panic.” Many lawyers are hesitant to forward the termination letters to their clients due to the distress it causes. The letters have been described as “violent” and lead to significant anxiety among the applicants.
Case Study: Mariam’s Experience
Mariam, an Iranian woman who has lived in Quebec since 2023, is among those affected. After recently being denied a work permit, her application for asylum was deemed inadmissible because it was submitted after the allowed timeframe, despite her urgent situation. Her daughter, who has been in Canada for less than a year, may still qualify for asylum.
Procedural Changes and Risks
IRCC clarifies that receiving a procedural fairness letter does not guarantee immediate removal from Canada. Applicants are allowed to provide additional information regarding their cases. However, new provisions state that applications submitted 14 days after entry at non-official border crossings from the United States will also be rejected.
Examination of Risks Before Removal
The IRCC letter informs asylum seekers about the possibility of undergoing a Pre-Removal Risk Assessment (PRRA). This process, known for having a lower acceptance rate, assesses whether individuals face persecution or torture in their home countries. Critics argue that this process lacks the same legal protections provided by initial asylum hearings.
Government Perspective and Future Implications
The federal government believes Bill C-12 will expedite the processing of asylum applications and restore order to the immigration system amid a significant backlog of cases. However, the potential for forced departures raises questions about Canada’s commitment to international refugee protections.
Advocates argue that the new law pressures individuals to leave voluntarily, raising concerns about humanitarian implications. They contend that genuine refugees fleeing oppression deserve to have their claims heard in a fair and just manner.
