Bill C-12 and Refugee Claims in Canada: What Claimants Need to Know
A new federal immigration law is creating serious concern for many people in Canada who hoped to make a refugee claim.
According to CBC News, some Toronto refugee lawyers are now seeing clients who are anxious after receiving letters saying they may be ineligible to have their refugee claims heard by the Immigration and Refugee Board of Canada. The concern comes from Bill C-12, which introduced new limits on when some people can have a refugee claim referred for a hearing.
For people who fear persecution, violence, torture, or serious harm in their country of origin, this is not just a procedural issue. It may affect whether they get a full refugee hearing, whether they need to rely on a different protection process, and how quickly they need to act.
At Ayodele Law, we understand how frightening this can feel. If you received a letter from Immigration, Refugees and Citizenship Canada or the Canada Border Services Agency, or if you are worried that you waited too long to make a claim, it is important to speak with a Toronto refugee lawyer as soon as possible.
What changed under Bill C-12?
Bill C-12 introduced new rules that may make some refugee claims ineligible to be referred to the Refugee Protection Division.
In simple terms, a person may face an eligibility issue if they make a refugee claim more than one year after first entering Canada, where their first entry was after June 24, 2020. These rules apply to claims made on or after June 3, 2025.
This means some people who have already been in Canada for more than a year may not be able to move forward through the regular refugee hearing process, even if they are afraid to return to their country.
However, these rules are technical. Your entry date, claim date, immigration history, and personal circumstances may all matter. You should not assume you are automatically ineligible without getting legal advice about your refugee claim.
Why are people worried?
A refugee hearing gives a claimant the opportunity to explain their story, present evidence, testify, and respond to questions. For many people, this hearing is a crucial part of the protection process.
If a person is found ineligible for a hearing, they may lose access to that process. Some people may instead need to apply for a Pre-Removal Risk Assessment, also known as a PRRA.
A PRRA is a paper-based process where an immigration officer reviews whether a person would face risks such as persecution, torture, risk to life, or cruel and unusual treatment or punishment if removed from Canada.
A PRRA can still be an important protection option, but it is not the same as a refugee hearing. Because it is usually decided based on written evidence and legal submissions, preparation is extremely important.
What should you do if you receive a Bill C-12 eligibility letter?
If you receive a letter saying you may be ineligible for a refugee hearing, do not ignore it. There may be deadlines, and the way you respond can affect your options.
| Step | What to do |
|---|---|
| 1 | Read the letter carefully and note any deadline. |
| 2 | Save the letter, envelope, email, portal message, and all attachments. |
| 3 | Write down the date you first entered Canada and every time you left and re-entered. |
| 4 | Gather passports, visas, permits, CBSA records, previous applications, and proof of entry. |
| 5 | Start collecting evidence about the risk you face in your country of origin. |
| 6 | Speak with a refugee lawyer before submitting a response. |
| 7 | Do not assume your case is hopeless. Other options may still be available. |
Are lawyers challenging the new law?
Yes. CBC has reported that dozens of constitutional challenges have been filed against the new asylum law. The Federal Court has agreed to case-manage many of these challenges together, which may allow shared constitutional issues to be considered more efficiently.
These challenges are still at an early stage. Until the courts decide otherwise, the new rules remain important and people affected by Bill C-12 should act based on the law as it currently stands.
If a decision has already been made in your case, you may need advice about whether a judicial review is available.
Do not wait to get legal advice
Many people are understandably scared by these changes. But an eligibility concern does not always mean there is nothing you can do.
Depending on your circumstances, you may need help responding to an eligibility letter, preparing a PRRA, seeking judicial review, or exploring another immigration option such as a humanitarian and compassionate application.
Ayodele Law assists clients with refugee claims, PRRA applications, humanitarian and compassionate applications, judicial review matters, and complex immigration issues.
If you received a letter saying you may be ineligible for a refugee hearing, or if you are afraid to return to your country but are worried you waited too long to make a claim, contact Ayodele Law.
The sooner you get advice, the more time you may have to understand your options, prepare evidence, and avoid mistakes that could affect your case.
Book a consultation with Ayodele Law today to discuss your refugee, PRRA, or immigration options.