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Refugee claims after Bill C-12: the one-year and 14-day rules explained

Since March 2026, when you make a refugee claim can decide whether you ever get a hearing. Here is who the new rules affect, what happens to claims caught by them, and why waiting is now the most dangerous choice.

What changed

The Strengthening Canada’s Immigration System and Borders Act, known as Bill C-12, became law on March 26, 2026. It added two new reasons why a refugee claim will not be referred to the Immigration and Refugee Board.

  • The one-year rule. If you first entered Canada after June 24, 2020, and you make your claim more than one year after that first entry, the claim is generally ineligible. It applies to claims made on or after June 3, 2025. Leaving Canada and coming back does not restart the clock.
  • The 14-day rule. If you crossed the Canada–U.S. land border between official ports of entry and make your claim more than 14 days after that crossing, the claim is ineligible.

Who is most affected

The one-year rule mostly affects people who came to Canada on a visa or permit and later found they could not go home. Some typical situations:

  • An international student who arrived in 2023 and whose home country became dangerous for them in 2025.
  • A worker whose political activity in Canada, or a change in government at home, now puts them at risk.
  • Someone who delayed because of trauma, fear or not knowing the system existed. The rule makes no exception for these reasons.

Under the old system, a delay in claiming was a factor the RPD could weigh in assessing fear. Now, after one year, it usually ends access to the hearing altogether.

What happens to an ineligible claim

An ineligible claim is not heard by the Refugee Protection Division. Instead, the person is usually offered a pre-removal risk assessment (PRRA): a written review of the same risk, decided by an IRCC officer. Compared with a refugee hearing, a PRRA usually means:

  • no oral hearing, except where credibility is central;
  • no appeal to the Refugee Appeal Division; and
  • a decision based almost entirely on what you put in writing.

A PRRA can still succeed, and a positive decision generally gives protected person status. But the written submissions and evidence have to carry the whole case.

What to do now

  1. Count from your first entryFind the date you first entered Canada after June 24, 2020, from your passport stamps, visa or eTA records, or travel history. That date starts the one-year clock, not your most recent entry.
  2. If you are still inside the year, do not waitIf you fear returning and you are approaching one year in Canada, speak to counsel now. A claim made one day too late is treated the same as one made years late.
  3. If the year has passedGet advice on the PRRA and on other options, such as a humanitarian application, a spousal sponsorship or another status, before you file anything.
  4. Keep your evidenceNews reports, threats, police reports, medical records and messages: start collecting them now, whatever route you end up taking.

The regulations include limited exceptions, and every case turns on its exact dates and facts. A short consultation can tell you exactly where you stand.

Last reviewed November 2026. This page is general information, not legal advice. Immigration law and IRB procedure change often; we confirm the current rules for your file at your consultation.

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