Options for Asylum Seekers Under Bill C-12

🛑 Options for Asylum Seekers Under Bill C-12 in Canada (2026 Guide)

Bill C-12 introduces strict new deadlines for asylum seekers in Canada, significantly changing how refugee claims are processed.

If you entered Canada after June 24, 2020, and waited more than one year to file your claim, you may be found ineligible for a hearing before the Immigration and Refugee Board (IRB).

Being found ineligible does not mean you have no options. There are still legal pathways you can pursue to remain in Canada — but timing is critical.

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⏳ The Two Critical Deadlines You Must Know

🕐 The 1-Year Rule

You must submit your refugee claim within one year of entering Canada.

If you miss this deadline, you may be declared ineligible for a hearing before the IRB.

This rule affects thousands of applicants, making early action essential.

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🚨 The 14-Day Rule (Irregular Entry)

If you entered Canada between ports of entry, you may be required to file your refugee claim within a very short timeframe — sometimes as little as 14 days.

Missing this deadline may result in:

• Ineligibility for a hearing

• No right of appeal in most cases

• Risk of removal from Canada

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❗ What Happens If Your Claim Is Ineligible?

If your claim is found ineligible:

• You will not have a hearing before a decision-maker

• Your case will not follow the standard refugee process

• The Canada Border Services Agency may initiate removal proceedings

Acting quickly becomes essential at this stage.

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✅ Your Legal Options After Ineligibility

🛡️ Option 1: Pre-Removal Risk Assessment (PRRA)

The Pre-Removal Risk Assessment is the main alternative available.

It is a written application where you must demonstrate the risks you would face if returned to your home country.

You must provide strong supporting evidence, such as:

• Police reports

• Medical records

• Expert opinions

If approved, you may be recognized as a protected person and allowed to remain in Canada.

However, approval rates are generally low, and strong documentation is critical.

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❤️ Option 2: Humanitarian and Compassionate Grounds (H&C)

An H&C application focuses on your situation in Canada rather than fear of persecution.

Decision-makers may consider:

• Your establishment in Canada

• Employment and community involvement

• Children’s best interests

• Family ties

• Health conditions

If approved, you may apply for permanent residence from within Canada.

It is important to note that an H&C application does not automatically stop removal. You may still be removed unless a stay is granted.

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⚖️ Option 3: Judicial Review

If your case is refused, you may apply for judicial review before the Federal Court.

This process does not re-examine your case but instead looks at whether a legal error was made in the decision.

Examples include:

• Failure to consider key evidence

• Misinterpretation of the law

If successful, your case may be sent back for reconsideration.

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🚀 Moving Forward

Bill C-12 has made the asylum process more restrictive, especially for those who delay filing their claims.

However, even if you are found ineligible, options still exist.

Each pathway comes with its own requirements and risks, and timing plays a crucial role in determining the outcome.

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📞 MTK Immigration Services

Navigating the new asylum rules under Bill C-12 requires careful planning and legal knowledge.

MTK Immigration Services assists clients with:

• Assessing eligibility

• Preparing PRRA applications

• Submitting Humanitarian and Compassionate applications

• Challenging decisions through judicial review

If you are affected by these new rules, taking action early can make a significant difference in your case.

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🔴 Book a Consultation

Book a consultation today to explore your options and receive professional guidance tailored to your situation.