Asylum claims made more than one year after arriving in Canada: the Bill C-12 rule and the PRRA

Since Bill C-12 came into force (royal assent on March 26, 2026), some asylum claims are no longer heard by the Immigration and Refugee Board of Canada (IRB). If you claimed asylum more than one year after arriving in Canada, your file may be redirected to a pre-removal risk assessment (PRRA). According to IRCC, about 30,000 people could be affected.

Who the one-year rule applies to

• Claims made more than one year after first entering Canada, for an entry after June 24, 2020, even if the person left and came back.
• People who entered between official ports of entry at the land border with the United States and claimed asylum more than 14 days after arriving.
• These rules apply to claims made since June 3, 2025, even though the law came into force in 2026.

Unaccompanied minors are covered by guidelines for an individual review. The Safe Third Country Agreement does not change.

What this changes in practice

A claim found ineligible is not referred to the IRB, so there is no hearing before the Refugee Protection Division. The file is sent to the Canada Border Services Agency (CBSA), which handles the removal steps. Protection is still possible through thePRRA (pre-removal risk assessment), which assesses the risk of persecution, torture or cruel treatment if you are returned.

The procedural fairness letter: do not leave it unanswered

Before making a decision, IRCC often sends a procedural fairness letter. It explains the concern and invites you to provide evidence. It is not yet a final decision. The deadline to respond is fixed and short (often a few days to a few weeks): without a response, IRCC can decide without your side of the story.

Useful evidence can relate to your actual date of entry, your departures from Canada, or an exception that could apply to your case. Every situation is different.

The PRRA: protection, but very short deadlines

• The CBSA must tell you whether and how to submit a PRRA application. In general, the application must be submitted within 15 days of the notice: check the exact date on your document.
• The PRRA is mostly decided on the written file. Your story, your evidence and the documentation on your country must be strong from the start.
• If the decision is negative, judicial review before the Federal Court may be possible, within strict deadlines. A lawyer is then required.

The consequences for claimants

• Losing the hearing, where you could have told your story in person.
• A risk of faster removal if deadlines are missed.
• Steps that depend on the quality of the written file.

What to do now

1. Gather proof of your date of entry and your travel.
2. If you receive a fairness letter, note the deadline and get help right away.
3. If you are given a PRRA notice, apply within the stated deadline, with a consistent story and evidence about your country.
4. Do not leave Canada without checking the consequences for your file.

Read also what changes for asylum claims on November 3, 2026 and Regulated consultant or lawyer: which one to choose?.

Frequently asked questions

I claimed asylum more than one year after arriving. Do I still have a chance?

Your claim will in principle not be heard by the IRB, but you can seek protection through the pre-removal risk assessment (PRRA). An exception may also apply depending on your situation: have it assessed quickly.

What is a procedural fairness letter?

It is a letter from IRCC that explains a concern about your eligibility and invites you to respond with evidence before the decision. The deadline is short and fixed.

What is the deadline to apply for a PRRA?

In general, 15 days after the notice given by the CBSA. Check the exact date written on your document and do not miss it.

Does the one-year rule apply if I left Canada and came back?

Yes. The count starts from your first entry into Canada after June 24, 2020, even if you left and came back.

Sources

• Bill C-12 measures – IRCC
• Pre-removal risk assessment – IRCC
• Bill C-12 ineligibility letters: practical guide – Refdesk

Information current as of November 1, 2026. This article provides general information and does not replace advice tailored to your situation. Immigration rules change often: always check official sources before submitting an application.