Bill C-12 becomes law, adds new grounds for refugee-claim ineligibility under IRPA

Bill C‑12 Becomes Law, Adding New Grounds for Refugee Claim Ineligibility Under IRPA

Date of update: 2026-03-27 | Source: IRCC | Program affected: Refugees, Enforcement | Urgency: Critical

Summary: Canada has amended the Immigration and Refugee Protection Act (IRPA) following the passage of Bill C‑12, introducing new grounds that can render refugee claims ineligible for referral to the Immigration and Refugee Board (IRB). IRCC has issued a program delivery update outlining these changes and minor clarifications. Canada’s federal government has enacted Bill C‑12, amending the Immigration and Refugee Protection Act to expand the circumstances in which a refugee claim is ineligible for referral to the Refugee Protection Division. IRCC released a program delivery update detailing the changes and related guidance used by departmental staff. Key changes
- New ground: A101(1)(b.1) — A claim is ineligible if the claimant entered Canada after June 24, 2020 and made their claim more than one year after the day of their entry. If the person left and re‑entered Canada, the one‑year period runs from the first entry.
- New ground: A101(1)(b.2) — A claim is ineligible if the claimant entered Canada from the United States between ports of entry and made their claim 14 or more days after entry.
- Transitional provision — A101(1)(b.1) and (b.2) apply only to claims made on or after 2025-06-03.
- Minor updates to A101(1)(c.1) — Clarifies that a claim is not ineligible under A101(1)(c.1) unless a prior claim in another information‑sharing country is confirmed through information sharing, and that “refugee claim” here means an in‑country asylum claim, not an overseas resettlement application. Context
- Existing ineligibility grounds under IRPA s. 101 (including A101(1)(a)–(f) and A101(2)(a)–(b)) continue to apply, such as where the person is already a protected person in Canada, or where a prior claim was rejected, found ineligible, withdrawn, or abandoned. IRCC notes these updates are published as operational guidance to stakeholders. Independent analysis
- Potential positive impacts:
- Procedural clarity: Clear filing timelines and confirmation requirements may streamline processing and reduce duplicative or stale claims.
- Operational efficiency: Early ineligibility screening could shorten queues for claims proceeding to the IRB.
- Potential negative impacts:
- Access concerns: The one‑year filing deadline and 14‑day timeline after irregular entry from the U.S. may bar some claimants with genuine protection needs who face barriers to timely filing.
- Litigation risk: New timelines and interpretations could prompt legal challenges and require further guidance.
- Enforcement pressure: More ineligible findings may shift workload to enforcement and risk‑assessment pathways, with resource implications. What’s next
Stakeholders should review IRCC’s guidance and adjust intake, triage, and advisory practices to account for the new filing timelines and the clarified A101(1)(c.1) information‑sharing condition.

Tags: Canada immigration, Bill C‑12, IRPA, refugee claims, ineligibility, A101(1)(b.1), A101(1)(b.2), A101(1)(c.1), IRCC, IRB, Refugee Protection Division, program delivery update, enforcement, asylum policy, immigration law reform End of update.