May 29, 2026
Reza Arash
refugeeasylumPRRABill C-12refugee protectionwork permit2026
A Major Shift in How Canada Hears Protection Claims
In 2026, Canada changed the rules for who can have a refugee claim heard by the Immigration and Refugee Board (IRB). For many claimants, the familiar route — a hearing before the Refugee Protection Division (RPD) — is no longer available. Instead, their path to protection now runs through a different and much less well-known mechanism: the Pre-Removal Risk Assessment, or PRRA.
If you have made an asylum claim, or you recently received a letter from Immigration, Refugees and Citizenship Canada (IRCC) warning that your claim may be ineligible for referral to the IRB, this article explains what changed, why, and what you can do.
What Bill C-12 Did
Bill C-12, the Strengthening Canada's Immigration System and Borders Act, received Royal Assent on March 26, 2026. Among its many measures, it introduced two new grounds of ineligibility that apply retroactively to claims made on or after June 3, 2025.
The One-Year Bar
A refugee claim filed more than 12 months after the claimant first entered Canada — for anyone who entered Canada after June 24, 2020 — will no longer be referred to the Refugee Protection Division. This applies regardless of whether the person left Canada and returned in the interim.
The 14-Day Land-Border Bar
A claim made by someone who crossed the Canada–US border between official ports of entry will not be referred to the RPD if the claim is made 14 or more days after that entry.
Unaccompanied minors are exempt from both new rules, in recognition of their lack of legal guardianship.
The Scale of the Change
These are not narrow, technical bars affecting a handful of people. IRCC estimated that roughly 37% of asylum claims filed between June and October 2025 — approximately 19,000 applications — fall under these new rules.
In April 2026, IRCC began sending letters to nearly 30,000 individuals, warning them that they may be ineligible for a refugee hearing under the tightened rules. If you are among those who received such a letter, it is important not to panic, but also not to ignore it. It signals a change in which process will decide your case.
The PRRA Becomes the Primary Route
For claimants caught by these new bars, the Pre-Removal Risk Assessment is no longer a last-resort fallback — it has become the main mechanism for seeking protection in Canada.
A PRRA evaluates whether removing a person to their home country would expose them to a risk of persecution, torture, or cruel and unusual treatment. If the assessment finds such a risk, the person is generally protected from removal. While a PRRA application is being processed, removal orders are suspended, and applicants can typically access a work permit.
It is important to understand how a PRRA differs from a full RPD hearing. The PRRA is primarily a paper-based process. Critics — including refugee advocacy organizations — have noted that it generally does not include the right to an oral hearing, the same appeal rights, or a decision by the specialized, independent decision-makers of the IRB. Because the procedure is different, the way you prepare and present your evidence matters enormously. A strong, well-documented PRRA submission is essential.
Closing the Work Permit Gap
One practical problem emerged quickly: there was often a delay between the moment a claim was found ineligible for the RPD and the moment a person was formally invited to apply for a PRRA. During that gap, claimants could be left without valid work authorization — unable to support themselves while waiting.
To address this, Canada introduced a temporary public policy that allows affected foreign nationals to obtain or maintain a work permit before they receive their PRRA notification, provided they meet the eligibility criteria and have not been barred from protection under the relevant provisions of the law. The goal is to prevent gaps in work authorization while people move between stages of the asylum process.
What You Should Do If You Are Affected
If you received an ineligibility letter: Do not assume your case is over. The letter changes the process, not necessarily the outcome. You may still pursue protection through a PRRA, and you may be eligible for a work permit under the temporary public policy.
If you are planning to make a claim: Timing now matters more than ever. The one-year and 14-day bars mean that delays in filing can permanently change which process hears your case. Get advice before you act.
If you are worried about work authorization: Understand the temporary public policy and whether you qualify, so you do not lose your ability to work while your case is assessed.
In every case, document everything. Because the PRRA relies heavily on written evidence, the strength of your supporting documents — country-condition evidence, personal narratives, medical and identity records — can determine the result.
A Changing Protection Landscape
These changes are part of a broader tightening of Canada's immigration and asylum system. For people genuinely at risk, the door to protection is still open — but the route has changed, and the new route demands careful, thorough preparation. The procedural safeguards that many claimants assumed they would have are different under the PRRA, which makes professional guidance more valuable, not less.
How We Can Help
Protection claims are among the most consequential matters in immigration law, and the 2026 changes have made the process more complex. At Bright Tomorrows Immigration Services, our team can help you understand whether the new bars apply to your situation, prepare a thorough and persuasive PRRA submission, and protect your ability to work while your case proceeds.
If you have received an ineligibility letter or are concerned about your status, contact us as soon as possible, or take the Free Assessment to discuss your situation with our team.
This article is general information, not legal advice, and reflects the rules as of June 2026. Protection claims are highly fact-specific and the rules are evolving — speak with a qualified representative about your individual case.
