Stricter Asylum Rules in Canada Following the Entry into Force of Bill C-12

The new law focuses on four main areas: updating asylum eligibility criteria, enhancing application processing procedures, strengthening information sharing within Canada, and granting new powers for managing immigration documents.

What Are the New Asylum Application Requirements in Canada?

Canada’s asylum system aims to protect individuals who can demonstrate a risk of persecution or serious harm, but the new law introduces additional conditions to regulate the submission of applications.

Under the amendments, any asylum applications submitted more than one year after a person’s first entry into Canada—after June 24, 2020—will not be referred to the Immigration and Refugee Board, even if the individual leaves the country and later returns.

The new rules also stipulate that asylum claims submitted by individuals who entered Canada irregularly via the land border with the United States, more than 14 days after entry, will likewise not be referred to the Immigration and Refugee Board.

These measures aim to reduce pressure on the asylum system, close loopholes, and prevent the use of asylum as an alternative pathway to regular immigration.

However, affected individuals may still apply for a pre-removal risk assessment to prevent their return to countries where they could face persecution, torture, or serious harm.

Special guidelines will also be issued to handle unaccompanied minors, given the absence of a legal guardian.

The amendments do not change the application of the Safe Third Country Agreement, which continues to allow the return of individuals who make asylum claims at a border point or within 14 days of irregular entry into the United States, unless they fall under exempted categories.

What Are the Updated Asylum Application Processing Procedures in Canada?

Canada to Update Immigration and Refugee Regulations to Streamline Asylum Processing

These updates include simplifying electronic applications, reducing repetitive questions, and referring only completed applications to the Immigration and Refugee Board, which helps speed up decision-making.

The new procedures also require the asylum seeker to be physically present in Canada during the decision process, with the application considered abandoned if the individual voluntarily returns to the country where they claim to face persecution before a decision is issued.

The amendments further involve removing inactive files and expediting voluntary departures by making removal orders effective immediately upon withdrawal of the application.

Representatives will also be appointed to assist vulnerable groups, such as minors or individuals unfamiliar with asylum procedures.

New Powers for Managing Immigration Documents in Canada

Under the new law, the federal government has gained additional tools to manage immigration documents, such as visas, work permits, and study permits, allowing rapid responses to emergencies or unforeseen circumstances.

The Ministry of Immigration can, under these new powers, take actions including cancelling, suspending, or modifying a large number of documents, as well as halting the acceptance or processing of applications when necessary.

Cases considered in the public interest include fraud, administrative errors, and concerns related to public health or national security.

Decisions cannot be made by a single minister; they require approval from the Governor in Council through an order published in the official gazette and submitted to Parliament.

The amendments also allow regulations enabling officers to review the eligibility of document holders outside Canada when needed.

At the same time, these new powers do not affect asylum applications and do not grant the government authority to grant, change, or cancel an individual’s legal status, such as permanent or temporary residency.

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