Temporary public policy to exempt unaccompanied minors, in Canada, from having their claim for refugee protection determined ineligible to be referred to the Immigration and Refugee Board of Canada under the new ineligibilities

Background

Canada’s asylum system has been under considerable strain due to sustained high levels of asylum claimants seeking Canada’s protection, creating pressures at various stages of processing.

Recently, amendments to the eligibility provisions of the Immigration and Refugee Protection Act (the Act) were introduced in Bill C-12. The Bill received royal assent and these amendments came into force on March 26, 2026. Pursuant to these amendments certain claims for refugee protection are ineligible to be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Protection Board of Canada (IRB). The objective of the measures is to protect the asylum system against sudden increases in claims, alleviate current burdens on the system, and deter people from using the asylum system to bypass regular immigration rules or extend their temporary stay in Canada.

The two new ineligibility provisions are:

• The “one-year” ineligibility: asylum claims made by people more than one year after they first entered Canada after June 24, 2020, would not be referred to the RPD of the IRB. This would apply to anyone, including workers, students and visitors, regardless of whether they left the country and returned.
• The “14 days” ineligibility: asylum claims made by people who enter Canada irregularly (between ports of entry) from the United States and make a claim 14 or more days after their entry would also not be referred to the RPD of the IRB.

During the parliamentary consideration of Bill C-12, the Government expressed its intention to create an exception for unaccompanied minors from the new ineligibilities given their lack of legal guardianship, which may affect their ability to navigate the asylum process to present their case. This Temporary Public Policy will ensure that this exception is applied until a more permanent solution is achieved.

Public Policy Considerations

This Temporary Public Policy will ensure that unaccompanied minors are not subject to the new ineligibility provisions, given their lack of legal guardianship.

I hereby establish, pursuant to my authority under section 25.2 of the Act, that there are sufficient public policy considerations that justify the granting of an exemption from the requirements of the Act listed below to foreign nationals who meet the conditions (eligibility requirements) set out below.

Conditions (Eligibility Requirements)

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Act identified below if:

The foreign national:

1. Has made a claim for refugee protection as required by subsection 99(3) of the Act; and
2. Is, when making their claim for refugee protection, under 18 years of age and has neither a parent nor an adult legally responsible for them in Canada.

Provisions of the Act for which an exemption may be granted:

To foreign nationals who meet the requirements above:

• Paragraph 101(1)(b.1) of the Act – that a claim is ineligible to be referred to the Refugee Protection Division if the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry; or,
• Paragraph 101(1)(b.2) of the Act – that a claim is ineligible to be referred to the Refugee Protection Division if the claimant entered Canada at a location along the Canada-United States land border – including the waters along or across that border – that is not a port of entry and made the claim after the end of the time limit referred to in subsection 159.4(1.1) of the Immigration and Refugee Protection Regulations.

Other Criteria or Obligations

Foreign nationals eligible under this public policy are subject to all other applicable criteria or obligations of the Act, not otherwise exempted.

Effective Date and Expiration

This public policy comes into effect upon signature and applies to claims where eligibility is determined on or after that date. This public policy will apply until it is revoked by the Minister. Claims where eligibility is determined on or before that date of revocation, will be processed under the public policy.