Since Bill C-12 became law on March 26, 2026, some refugee claims are no longer referred to the Immigration and Refugee Board (IRB). There is then no hearing before a member. For these people, the pre-removal risk assessment (PRRA) often becomes the main protection.
Who is affected
- The one-year rule: a claim made more than one year after first entering Canada, when that entry took place after June 24, 2020. The rule applies even if the person left Canada and came back.
- The 14-day rule: a person who entered from the United States by land between ports of entry and claimed asylum more than 14 days after entering.
According to IRCC, these rules apply to claims made on or after June 3, 2025. A temporary public policy adopted on May 19, 2026 exempts unaccompanied minors.
What happens next
A person whose claim is found ineligible on these grounds can apply for a PRRA: a written assessment, by an IRCC officer, of the risks they would face if returned to their country.
Deadlines are very short. Once the PRRA notice is given, the application must be received within 15 days. An application received on time generally stays the removal order, and no decision is made for 30 days, which leaves time to file written submissions. A late application does not stay removal.
Why prepare before the notice
Fifteen days is not much time to gather strong evidence: country documents, letters, medical reports, proof of the current situation, translations. These often take weeks to obtain. People who already know their claim is caught by C-12 should start now, without waiting to be called in.
Court challenges
Constitutional challenges to these rules have been filed in the Federal Court and are under special case management since summer 2026. No decision on the merits had been made when this article was published.
If your claim was made more than a year after you arrived, or if you received a letter from IRCC about it, have your situation assessed promptly. Depending on the case, an application on humanitarian and compassionate grounds may also be considered.
