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Canada Implements Stricter Asylum Rules with New Immigration Law

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Canada's New Immigration and Borders Act (Bill C-12) Now in Effect

Canada's Strengthening Canada’s Immigration System and Borders Act (Bill C-12) received royal assent on March 26, 2026, and is now officially in effect. This new legislation aims to reshape the country's approach to immigration and border security.

According to Immigration, Refugees and Citizenship Canada, the law introduces four key changes:

  • Adds new rules for asylum claims.
  • Streamlines and accelerates the claims process.
  • Enhances information-sharing capabilities among government departments.
  • Grants the government increased authority over immigration documents and applications.

Indian nationals constitute the largest group of asylum seekers in Canada, with nearly 9,770 refugee claims filed by Indian citizens in the first half of 2025 alone.

Official records from the Immigration and Refugee Board (IRB) of Canada indicate over 45,000 asylum claims from Indian nationals since December 2012.

Asylum Claim Rule Changes

Major changes impact asylum claims submitted on or after June 3, 2025. Key provisions include:

  • Individuals filing an asylum claim more than one year after their initial entry into Canada (on or after June 24, 2020) will generally not have their cases referred to the IRB for a full hearing. This one-year period begins from the initial entry and does not reset, even if the individual leaves and re-enters Canada.
  • Similarly, individuals who enter Canada irregularly from the United States between official border crossings and file an asylum claim more than 14 days after entry will typically not receive a full IRB hearing.

Government Objectives and Criticisms

The government states Bill C-12 aims to prevent misuse of the asylum system, manage surges in claims, enhance border security, combat organized crime (including fentanyl smuggling), and improve the overall efficiency and fairness of the immigration system. Public Safety Canada further noted the legislation provides law enforcement with additional tools to address illegal activities at the border.

The law also expands information-sharing capabilities, permitting federal, provincial, and territorial governments to share more personal data for improved screening and coordination. Furthermore, in situations deemed to be in the public interest, the immigration minister gains significant authority, including the power to cancel, suspend, or modify visas, work permits, study permits, and other documents. The government can also cease accepting or processing new applications in specific categories.

However, various groups have sharply criticized the law.

The Canadian Council for Refugees expressed concerns that Bill C-12 weakens refugee protection and may contravene Canada’s international obligations and the Canadian Charter of Rights.

The Canadian Civil Liberties Association and other rights organizations have labeled the law an attack on refugee and migrant rights. They raise fears that it could expose thousands to risks of violence or persecution by denying them access to a full hearing before the IRB. Critics argue that allowing only quick risk checks before removal lacks fairness and independence.