A New Legal Clause in Canada Threatens Thousands of Pending Asylum Applications

Thousands of asylum applications in Canada face the risk of being canceled, after the revelation of a new legal clause in Bill C-12, which could lead to the rejection of a large number of applications that have been pending for years.

According to reports, the new clause stipulates that asylum applications submitted more than one year after the applicant’s entry into Canada will not be referred, with this condition applied retroactively, which could result in the cancellation of many files that were still awaiting hearings.

Thousands of Pending Asylum Applications at Risk of Cancellation in Canada

Estimates from agencies involved in refugee matters indicate that this legal amendment could lead to the cancellation of thousands of currently pending applications, raising concerns among asylum seekers and immigration lawyers.

Under the previous system, applications submitted after more than a year could be accepted if there were changes in circumstances or strong justifications for the delay. The new wording removes this exception and obliges authorities to reject the application outright without considering the reasons.

Legal Criticism and Warnings About the Impact of the Decision in Canada

The proposed amendment has sparked widespread criticism from lawyers and human rights organizations, who argued that retroactive application could create legal and humanitarian challenges, especially for individuals who delayed submitting their applications due to exceptional circumstances.

Experts also pointed out that some asylum seekers originally entered Canada on study or work visas before later applying for asylum, making this group among the most affected by the new amendment.

On the other hand, government authorities argue that the purpose of this amendment is to regulate asylum procedures, prevent system abuse, and align Canadian laws with those of other countries that impose strict deadlines for submitting asylum applications.

Details regarding the implementation of this clause are expected to become clearer in the coming period, amid widespread attention from those following Canada’s immigration and asylum file.

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