Ottawa, April 10, 2026 – Canada's Immigration Department has begun sending letters to approximately 30,000 refugee claimants informing them that they may be ineligible for asylum hearings under newly tightened rules. Some claimants are being told to leave Canada immediately.
The move follows the passage of Bill C-12 , which received royal assent on March 26, 2026. The legislation retroactively bars certain claimants from accessing the refugee determination system and imposes strict new deadlines for making claims.
| Key Facts | Details |
|---|---|
| Number of applicants affected | Approximately 30,000 |
| Legal basis | Bill C-12 (Strengthening Canada's Immigration System and Borders Act) |
| Retroactive effective date | June 24, 2020 (for certain provisions) |
| Applies to claims made on or after | June 3, 2025 |
| Response deadline | 21 days to submit additional information |
| Alternative process | Pre-removal risk assessment (PRRA) – paper-based only |
Government statement: "These are not deportation letters," IRCC told CBC News. "Procedural fairness letters are routinely used across many programs to give applicants an opportunity to provide additional information before a decision is made."
On This Page
- What Is Bill C-12? The New Asylum Rules
- Two Types of Letters: Ineligible vs. May Be Ineligible
- The 21-Day Window: Procedural Fairness or Illusion?
- Lawyers Raise Alarm: Paper Process Replaces Hearings
- The PRRA Problem: No Hearing, No Appeal?
- Families Separated, Fraud Concerns Emerge
- Who Is Exempt? The 22-Country List
- What Happens Next?
- Frequently Asked Questions
- Official Sources
What Is Bill C-12? The New Asylum Rules
Bill C-12, the Strengthening Canada's Immigration System and Borders Act , received royal assent on March 26, 2026. It introduces sweeping changes to Canada's asylum system, including:
Key Provisions Affecting Asylum Seekers
| Provision | Details |
|---|---|
| One-year bar | Anyone who first entered Canada after June 24, 2020, cannot make a refugee claim after one year – regardless of whether they left and returned. Applies to claims made on or after June 3, 2025. |
| 14-day bar for irregular entries | Individuals who enter Canada from the U.S. between land ports of entry (irregular crossings) and take more than 14 days to make an asylum claim are barred. |
| Retroactive application | The one-year bar applies retroactively to entries dating back to June 24, 2020. |
| No hearing for ineligible claimants | Those found ineligible are not referred to the Immigration and Refugee Board (IRB) for a hearing. They may only access a paper-based pre-removal risk assessment (PRRA). |
IRCC statement to CBC News: This is the first time the scope of the legislation has been made public.
Two Types of Letters: Ineligible vs. May Be Ineligible
IRCC is sending two distinct types of letters to the approximately 30,000 affected applicants.
Letter Type 1: "May Be Ineligible" (Procedural Fairness Letter)
What it says (excerpt): "I have determined that your claim for refugee protection may be ineligible to be referred to the Refugee Protection Division of the Immigration Refugee Board of Canada."
Who receives it: Applicants whose claims are being reviewed for potential ineligibility under the one-year bar or other criteria.
What they can do: Applicants have 21 days to submit additional information or evidence regarding the circumstances of their entry.
Outcome: IRCC will review the additional information and make a final determination on eligibility.
Letter Type 2: "Not Eligible – Leave Immediately"
What it says (excerpt): "Your claim for refugee protection is not eligible to be referred to the Refugee Protection Division of the Immigration and Refugee Board of Canada."
Who receives it: Claimants who entered Canada from the U.S. at irregular border crossings and took more than 14 days to make an asylum claim.
What it tells them: "You must leave Canada as soon as possible and confirm your departure with the Canada Border Services Agency. If you do not leave Canada, a deportation order may be issued against you."
Alternative: The letter notes that the applicant "may be eligible to apply for a PRRA."
The 21-Day Window: Procedural Fairness or Illusion?
IRCC defends the letters as routine procedural fairness tools.
IRCC statement: "Procedural fairness letters are routinely used across many programs to give applicants an opportunity to provide additional information before a decision is made."
However, immigration lawyers argue that 21 days is insufficient for many claimants to gather evidence, find legal representation, and respond effectively – especially those who are vulnerable, have language barriers, or lack access to legal aid.
The PRRA Problem: No Hearing, No Appeal?
Claimants found ineligible for an IRB hearing may still apply for a Pre-Removal Risk Assessment (PRRA) – but this is a paper-based process with significant limitations.
| Aspect | PRRA vs. IRB Hearing | |
|---|---|---|
| Format | Paper application only | In-person or virtual hearing |
| Decision-maker | IRCC officer | Independent IRB member |
| Opportunity to explain discrepancies | Limited | Full opportunity |
| Legal representation | Possible but less impactful | More effective |
| Appeal rights | Limited | Broader appeal rights |
The Constitutional Issue
Sadinsky emphasized that individuals have a constitutional right to a PRRA before they depart Canada. He warned that the letter's language – suggesting claimants "must leave Canada as soon as possible" – could mislead people into leaving before exercising that right.
The 22-Country Problem
Canada currently has a list of 22 countries to which it does not deport anyone for safety reasons. Claimants from those countries who are deemed ineligible for an asylum claim:
- Will not be deported to those countries
- May not have access to a PRRA (depending on circumstances)
- May be left in legal limbo – unable to reunite with families, unable to access benefits, and unable to regularize their status
Who Is Exempt? The 22-Country List
Canada maintains a list of countries to which it does not deport anyone due to safety conditions. Claimants from these countries who are deemed ineligible for an asylum claim face a unique situation.
| Key Point | Details |
|---|---|
| Number of countries | 22 |
| Deportation ban | Canada will not remove anyone to these countries |
| PRRA availability | May be unavailable to some applicants from these countries |
| Result | Legal limbo – cannot be deported, but cannot access full asylum process |
The specific countries on this list have not been publicly detailed in this CBC report.
What Happens Next?
For Applicants Receiving "May Be Ineligible" Letters
| Step | Timeline |
|---|---|
| Receive letter | Ongoing |
| Submit additional information | Within 21 days |
| IRCC makes final determination | After reviewing submission |
| If found ineligible | May access PRRA process |
| If found eligible | Referred to IRB for hearing |
For Applicants Receiving "Not Eligible – Leave Immediately" Letters
| Step | Timeline |
|---|---|
| Receive letter | Ongoing |
| Leave Canada | "As soon as possible" |
| Or apply for PRRA | Before departure (constitutional right) |
| If fail to leave | Deportation order may be issued |
For Lawyers and Advocates
Legal challenges to Bill C-12 are expected, focusing on:
- Procedural fairness of paper-based assessments
- Retroactive application of the one-year bar
- Adequacy of the 21-day response window
- Constitutional right to PRRA before departure
Frequently Asked Questions
What is Bill C-12?
Bill C-12 is the Strengthening Canada's Immigration System and Borders Act, passed in March 2026. It tightens asylum eligibility, including a one-year bar on claims for certain applicants and a 14-day bar for irregular border crossers.
How many people are affected?
IRCC has confirmed that approximately 30,000 applicants are receiving procedural fairness letters regarding potential ineligibility.
Are these deportation letters?
No. IRCC states these are procedural fairness letters, not deportation orders. However, some letters explicitly tell recipients to "leave Canada as soon as possible."
What is a pre-removal risk assessment (PRRA)?
A PRRA is a paper-based assessment of whether removing an individual would put them at risk of persecution, torture, or cruel and unusual treatment. It is conducted by an IRCC officer, not an independent IRB member.
Do I have the right to a hearing?
If you are found ineligible under Bill C-12, you will not receive a hearing before the Immigration and Refugee Board. You may only access the paper-based PRRA process.
Can I appeal a negative decision?
Appeal rights are limited for those processed through the PRRA system. Legal advice is strongly recommended.
What if I'm from a country Canada doesn't deport to?
You may be in legal limbo – not eligible for an asylum hearing, but not deportable. Your access to a PRRA may also be limited. Seek legal advice immediately.
Where can I get help?
Contact a licensed immigration lawyer or refugee legal aid clinic in your province. Do not rely on unlicensed consultants.
Official Sources
| Source | Link |
|---|---|
| CBC News original report | cbc.ca/news/politics/immigration-thirty-thousand-ineligible-asylum-9.7158489 |
| Bill C-12 (Parliament of Canada) | parl.ca |
| IRCC – Asylum claims | canada.ca/immigration/asylum |
| Immigration and Refugee Board | irb-cisr.gc.ca |
Bottom Line
Canada is fundamentally changing who gets access to its refugee determination system – and 30,000 people are now being told they may be excluded.
Key takeaways:
| For Claimants | For Observers |
|---|---|
| ✅ Check your mail – you may have received a letter | ✅ Bill C-12 has retroactive effect back to June 24, 2020 |
| ✅ You have 21 days to respond with evidence | ✅ Paper-based PRRAs replace in-person hearings |
| ✅ Do not leave Canada without legal advice | ✅ Lawyers warn of procedural unfairness and incorrect decisions |
| ✅ You may have a constitutional right to a PRRA | ✅ Family separation and fraud concerns are emerging |
| ✅ Seek legal help immediately | ✅ Legal challenges to the law are expected |
For anyone who has received a letter: Do not ignore it. Do not leave Canada without speaking to a lawyer. The 21-day deadline is strict. Your future in Canada – and your safety – may depend on how you respond.
*This article is based on a CBC News report published April 10, 2026, by senior reporter Raffy Boudjikanian. All quotes and attributions are from that report. Information about Bill C-12 is based on public legislation. Always consult a licensed immigration lawyer for advice on your specific situation.*