IRCC Deputy Minister Transition Binder 2026 - Asylum System

Context

The United Nations High Commissioner for Refugees (UNHCR) reports 117.3M people were forcibly displaced at the end of June 2025. In recent years, Canada faced a significant rise in asylum claims resulting in increasing pressure on the asylum system. There were over 92,000 asylum claims in 2022, over 144,000 in 2023, and over 173,000 in 2024. In 2025, Canada received over 114,520 asylum claims, a reduction of 34% from the year prior.

Background

• Canada’s asylum system reflects our domestic legal framework, international obligations, and humanitarian traditions. Once in Canada, individuals have a right to seek asylum and may not be returned to a country of persecution (“non-refoulement”).
• As a signatory to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, Canada has a responsibility to offer a safe haven to those in need of protection and cannot restrict a person from making a claim for refugee protection. As a result, there is no cap on the number of claims that can be received in any given year. Volumes can fluctuate and are affected by various factors, including domestic and international pressures.
• Many asylum claimants arrive as temporary residents (e.g., visitors, students, workers). Other claimants seek protection directly at an official land Ports of Entry (POE) or after crossing irregularly into Canada (i.e., between designated POE).
• Asylum claims can be made:
  • to the Canada Border Security Agency (CBSA) at a POE (airport, land border, or marine port)
  • to Immigration, Refugees and Citizenship Canada (IRCC) at an inland office (including online)
• Eligibility criteria are set out in the Immigration and Refugee Protection Act (IRPA) and are applied by the CBSA at ports of entry or by IRCC at inland offices.
• Eligible claims are referred to the Immigration and Refugee Board (IRB) for decision to grant refugee protection.
• Bill C-12, currently at Third Reading in the Senate introduces two new criteria that would make a claim ineligible to be referred to the IRB:
  • if the claim was made more than one year after their first entry to Canada after June 24, 2020.
  • if the claim was made 14 days or more after entering Canada irregularly (i.e., between ports of entry) from the U.S.
    • ineligibilities are being introduced in order to protect the integrity and the efficiency of the in-Canada asylum system against sudden increases in claims and to discourage its mis-use by those simply looking to extend their temporary stay in Canada.
    • those found ineligible under these measures would have access to a pre-removal risk assessment (PRRA) to ensure they are not removed to a situation where they face danger.
• Refugees must have a well-founded fear of persecution on the basis of:
  • Race, religion, nationality, political opinion, and/or membership in a particular social group; or
  • Face a risk of torture or risk to life, or cruel and unusual treatment, or punishment.
• Individuals whose claims are approved by the IRB become protected persons in Canada and may apply for permanent resident status (as do those who receive positive PRRA decisions). As protected persons, they are eligible to include family members on their application for permanent residence.
• Stakeholders have raised concerns with respect to the delays in family reunification for protected persons and their dependent family members abroad. As of December 2024, the processing time was 53 months.
• Claims determined ineligible or individuals whose claims are denied (failed claimants) are subject to removal from Canada.
• With certain exceptions, persons facing removal from Canada are eligible to apply for a PRRA prior to their removal from Canada.

Implementing the System—A Shared Responsibility

• Federal Partners
  • IRCC: Overall mandate for the asylum system; policy direction, guiding implementation, monitoring, reporting, and delivering some parts of the program (e.g., claim intake, work permit issuance, etc.).
  • IRB: Independent administrative tribunal; refugee claim determination and appeals.
  • CBSA: Enforcement policies; leading various security and enforcement activities
    (e.g., security screening, removal of failed claimants).
  • Federal Court: Judicial review of decisions made by the IRB and IRCC.
• In terms of supports, the federal government issues work permits to individuals awaiting a decision on their asylum claim and provides coverage under the Interim Federal Health Program.
• Provinces and territories provide social assistance, education, emergency housing, and legal aid while the asylum claim is pending.
• Municipalities may also provide supports, such as temporary shelter.

Canada–United States (U.S.) Safe Third Country Agreement

• In effect since 2004, the Canada–U.S. Safe Third Country Agreement (STCA) is a mutually beneficial bilateral Agreement that enables Canada and the United States to collaborate on the orderly management of asylum claims made along the shared border.
• It also serves to strengthen public confidence in the integrity of our refugee systems, help reduce abuse of the asylum systems of both countries, and share responsibility for providing protection to refugees.
• The STCA requires that asylum claimants seek protection in the first country they enter, either in Canada or in the U.S., unless they qualify for an exception or exemption to the Agreement.
• Exceptions include:
  • Family member in Canada;
  • Unaccompanied minors;
  • Document holders (e.g., valid temporary resident visa);
  • Public interest exceptions (e.g., Canada uses it for individuals subject to the death penalty).
• In March 2023, Canada expanded the application of the STCA to those who cross along the entire Canada–U.S. land border, including internal waterways. Prior to that it only applied to claims made at official land POEs.
• Since then, the requirements to meet the exceptions or exemptions of the Agreement apply not only to individuals who make a claim at a land POE, but also to those who make a refugee claim within 14 days of crossing between ports of entry (i.e., irregularly). This led to a reduction of over 75% in irregular claims in Canada, compared to 2023 to 2024. Specifically, Canada had approximately 17,000 irregular claims in 2023; less than 4,500 in 2024; and approximately 5,500 in 2025.
• Individuals eligible under the STCA are still subject to all other IRPA admissibility and eligibility requirements.

Designation of the U.S. as a safe third country under IRPA

• Section 102(1) of IRPA permits the designation of safe third countries for the purpose of sharing the responsibility for refugee claims. The U.S. is the only country designated under IRPA.
• Per its obligation under section 102(3) of IRPA, Canada continuously monitors developments in the U.S. and the impact that changes in policies and practices may have with respect to the factors that must be considered in designating a third country.
• The STCA with the U.S. remains in effect.

Recent Developments

Intake declining, but significant pressures remain

• Asylum claims rose to approximately 64,000 claims in 2019, dipped to under 25,000 claims during the pandemic in 2020 and 2021, but then increased from approximately 92,000 claims in 2022 to over 173,000 in 2024.
• In 2025, asylum volumes decreased to approximately 114,500 claims (34% reduction from 2024) as a result of significant Departmental efforts to improve the integrity of our immigration programs. In particular, the reduction was driven by heightened scrutiny of temporary resident (visitor) applications, as well as the re-imposition of a partial visa requirement for Mexican nationals in February 2024. The expanded application of the STCA in March 2023 also helped to reduce and deter irregular crossings into Canada.
• The inventory of claims awaiting a decision by the IRB rose from 70,223 at the end of 2022 to almost 300,000 at the end of 2025—given the current inventory and throughout, claimants could wait over three years to have claims decided.
• In 2025, the top nationalities for asylum claims in Canada were: Haiti (16% or 18.0K claims), India (15% or 17.3K claims), Iran (6% or 6.9K claims), Nigeria (6% or 6.4K claims), and Mexico (4% or 4.9K claims). The majority of claims (68%) were made inland, followed by the land border (17%), airport (10%) and irregular crossings (5%).

System enhancements and capacity

• Various policy measures and operational adjustments have been implemented to enhance the integrity and efficiency of the asylum system. This included expanding digital processing capabilities and streamlining eligibility assessments, as well as funding for provinces and territories to support interim housing capabilities.
• IRCC is continuing to explore options to improve the efficiency of Canada’s asylum system within the framework of our international obligations and humanitarian traditions, without compromising fairness and compassion for individuals in need of protection.
• Bill C-12 introduces two measures that would make cases ineligible to be referred to the IRB, as well as changes to address challenges faced by the asylum system and improve system-wide efficiencies. These include: changes to refer only scheduling ready files to the IRB; creation of a single online application; removing abandoned cases from the system; ensuring that claims are decided only while the claimant is physically present in Canada; and clarifying the authority to appoint designated representatives to help vulnerable claimants who do not understand the process.