SECD – Asylum Reforms and Ineligibilities – February 9, 2026

Key Messages

• The Strengthening Canada’s Immigration System and Borders Act proposes important reforms to enhance the integrity and fairness of Canada’s immigration and asylum systems.
• The asylum measures would:
  • Address challenges faced by the In-Canada Asylum System through the introduction of system-wide efficiencies and enhancements that improve all stages of the asylum application process, from initial application through decision making to the post-decision stage;
  • Create new ineligibilities for asylum claims to prevent misuse and reduce pressures from potential surges.
• The other proposed measures to strengthen immigration integrity would:
  • Strengthen control over immigration documents and applications on a large scale when needed in the public interest. These authorities will give the government greater tools to respond to unforeseen events such as large-scale emergencies and risks to health, safety and security of Canadians; and,
  • Improve how we share information within Immigration, Refugees and Citizenship Canada (IRCC) and with key federal, provincial and territorial government partners and stakeholders.

Asylum Claim Ineligibilities

• Two proposed measures in the Act would 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 to extend their temporary stay in Canada.
  • 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 Immigration and Refugee Board of Canada (IRB). This would apply to anyone, including students and temporary residents, 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 who make a claim after 14 days would also not be referred to the IRB.
• Anyone affected by these new ineligibilities will have access to a pre-removal risk assessment (PRRA) prior to their removal from Canada. If made within the regulatory timelines, a PRRA application suspends removal until IRCC renders a decision on the risk a person may face upon being removed from Canada. The PRRA process takes into account each claimant’s situation and may result in refugee protection being granted. It ensures we are not sending people back to situations of harm.

Strengthened Asylum System

• Legislative amendments to the Immigration and Refugee Protection Act are needed to streamline the asylum system and continue to uphold its integrity and fairness by creating system-wide efficiencies and enhancements.
• Specifically, the amendments would:
  • Allow IRCC and the Canada Border Services Agency (CBSA) to analyze and review claims fully prior to referral, so that only complete “scheduling ready” files are referred to the IRB;
  • Set out a single online application that specifies information and documents required within prescribed timelines. This supports client service by avoiding duplicate questions on multiple forms/interviews;
  • Create an authority to prevent the IRB from making decisions with respect to refugee claims or holding admissibility hearings if the person is no longer in Canada, and;
  • Clarify the authority to appoint a designated representative to help vulnerable claimants, like minors or those who do not understand the process, by assigning representatives to support them during IRCC and CBSA proceedings.

If pressed for more details:

Legislative amendments include measures that impact all stages of the asylum application process, from initial application through decision making to the post-decision stage, to ensure system-wide efficiencies and enhancements as follows:

• Single online application: These legislative changes will provide the Minister with clear authorities to specify the information and documents required when an asylum claim is initiated, including requiring that the information be submitted to the Minister online. This authority is also required in order to make changes to the online application process that will mean information occasionally provided to the IRB after referral, such as the Basis of Claim, is provided earlier in the process and in a single application. Once a claim is referred, all the information will be sent to the IRB, and the claimant will no longer need to provide that information directly to the IRB.
• These changes will ensure that claimants are subject to the same requirements, whether they made their claim inland or at a port of entry. As a result, all claimants will have provided the same information, making it easier to process their claims.
• Minister’s due diligence: These legislative amendments will increase program integrity and reduce delays at the Refugee Protection Division (RPD) of the IRB by allowing the Minister (IRCC and Public Safety) to analyze and review claims and prepare “schedule ready” files prior to referral of claims to the RPD for determination.
• On the surface, this may appear to be a delay in the process and therefore decisions will take longer because the claims are being referred to the IRB later in the process. The front end of the process will take longer, however, by referring “schedule ready” files to the IRB, the need for postponements because of inactionable files will be reduced, interventions resulting from due diligence activities will be known at the time of referral, and the IRB will be able to make more decisions faster. The overall timeline for decision will be reduced for claimants.
• Abandonment/withdrawal: These legislative amendments will ensure the RPD has authority to determine that a claim is abandoned when a claimant fails to comply with certain requirements related to their refugee protection application prior to the claim being referred to the RPD (in addition to their existing authority to determine a claim abandoned after referral). Abandonment of a claim has serious consequences; it is a ground of ineligibility of a future claim. As a result, the decision to abandon a claim is with the IRB.
• To keep the abandonment process efficient, the IRB will not be able to compel the Minister to appear at hearings. The Minister will be providing reasons for abandonment in writing to the IRB. If the IRB does not determine the claim to be abandoned, the person will be provided an opportunity to complete their application. The inability for the IRB to compel the Minister to appear is limited to the abandonment process.
• It also provides new authority for the IRCC Minister to determine a claim is withdrawn (following such a request by a claimant or their representative), prior to referral of refugee claim to the RPD, comparable to the RPD decisions in the same situation. Having the ability for the Minister to determine a claim withdrawn at this early stage will reduce the burden on the IRB.
• Appointed representatives for claimants: This legislative proposal will clarify that the Ministers of IRCC and Public Safety have the authority to appoint and remunerate a representative for persons who are unable to appreciate the nature of proceedings, including minors.
• The representative would be appointed for persons under 18 years of age or those unable, in the opinion of the Minister, to appreciate the nature of a specified immigration process. This authority is meant to apply to both the Minister of Public Safety and the Minister of IRCC based on their respective authorities and responsibilities under the Act.
• Coming into force of removal orders: This legislative amendment will ensure that removal orders come into force the same day a claim is determined to be withdrawn (by the IRB or the Minister), instead of 15 days later. This is an administrative change to help speed up the process of removals.
• Simplified refugee claim decisions: This legislative amendment will provide clear statutory authority for the IRB Chairperson to require members to render reasons for decisions in a specified format. This codifies the Chairperson’s authorities in legislation and allows the IRB to have stronger oversight of their members’ decision making. This is intended to help simplify the decision-making process and make it more efficient for IRB members.
• Claim adjudication only in Canada: This legislative change will clarify that in-Canada asylum claims may only be adjudicated by the IRB while the claimant is physically present in Canada. Similarly, legislative amendments will clarify that admissibility hearings may only be held while persons are in Canada.
• Transfer of scheduling authorities to IRB: These legislative amendments will remove the current requirement for officers to fix the date of refugee hearings before the RPD and to repeal the related time limits for hearings and decisions to facilitate more strategic case management at the IRB.
• Managing all cases with the same timelines regardless of the individual circumstances of each case is not feasible. Applying the time limits led to more administrative burden as hearings were postponed and had to be rescheduled. The timeline approach has proven to be inefficient and has not been followed by the RPD for many years.
• Repeal of Designated Country of Origin (DCO) regime: This change is to formally repeal the legislative provisions associated with the DCO regime, which have not been in effect since the de-designation of all DCO countries in 2019.

Pre-Removal Risk Assessment

• Those Individuals with ineligible claims may apply for a Pre-Removal Risk Assessment (PRRA), which prevents people from being sent back to a country where they face risks like persecution or torture. Subject to certain exceptions for those inadmissible on serious grounds, a positive PRRA results in the conferral of refugee protection.
• The PRRA process has been in place for over 20 years and has been upheld by the Courts as meeting Canada’s international non-refoulement obligations.
• PRRA is a robust review process that considers several factors to ensure that Canada does not remove individuals to a country where they could be at risk of persecution, danger of torture, risk to their life or of cruel and unusual treatment or punishment. Subject to certain exceptions for those inadmissible on serious grounds, the PRRA involves consideration of the same risk factors as those examined by the IRB when making a determination on a refugee claim.
• As part of the application, PRRA applicants can submit detailed explanations of the risk or danger they would face, along with any documentary evidence of these risks or dangers. The application provides individuals with ample opportunity to describe their risks.
• Except for those who are inadmissible on serious grounds, those who receive positive decisions on the PRRA are provided protected persons status and the ability to apply for permanent residence. Those who are inadmissible on serious grounds but are found to be at risk benefit from a reviewable stay of removal.
• In anticipation of increased volumes of PRRAs, the Department is ensuring operational readiness to ensure preparedness.
• IRCC is projecting approximately 30 000 additional PRRAs over the next two years, and is hiring and onboarding additional Senior Immigration Officers to support this increase in decision-making. As well, the Department is updating guidance and training materials to ensure decision-makers are equipped.

Charter Implications

• The intent of the ineligibility measures are to protect the integrity and the efficiency of the in-Canada asylum system against sudden increases in asylum claims. Ineligible claimants would have access to a PRRA.
• Courts have also confirmed that neither the Charter nor the Refugee Convention require a particular form of refugee determination process. Given there will be access to PRRA prior to removal from Canada, the government’s position is these provisions are consistent with the Charter and with Canada’s international refugee law obligations.
• The PRRA regime allows for an oral hearing to be held when a serious issue of credibility is at stake.

Unfounded Claims

• Claiming asylum does not guarantee the right to stay in Canada. Asylum seekers must prove they have a well-founded fear of persecution or face serious harm, such as torture or cruel and unusual treatment, in their home country.
• The IRB individually assesses each case to determine whether the claimant qualifies as a Convention refugee or a person in need of protection, based on factors such as persecution due to race, religion, political opinion, nationality, or membership in a particular social group (including LGBTQI+ individuals).
• On average, about 60–65% of claims are accepted, meaning one in three is refused, withdrawn, or abandoned.
• As part of the Strengthening Canada’s Immigration System and Borders Act, the Government of Canada introduced important reforms to strengthen migration integrity and modernize the asylum system. These measures are designed to make the asylum process faster so that claims are processed more effectively, while Canada’s commitment to protecting those in need continues to be upheld.

Enforcement and Removal

• CBSA removes thousands of failed or ineligible asylum claimants each year. In 2025 alone, close to 17,900 individuals were removed, which displays a sharp increase from 6,135 in 2022, and a further gradual increase from 12,426 in 2023 and 14,362 in 2024.

Pressures on the Asylum System

• Asylum claim numbers have declined in 2025 and are down 33% compared to last year.
  • January 1, 2025–November 30, 2025: 107,005 asylum claims
  • January 1, 2024–November 30, 2024: 159,860 asylum claims
• The two proposed ineligibility measures would 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 to extend their temporary stay in Canada.