A person who submits an asylum claim in Canada is entitled to certain rights and protections while their claim is being processed. Depending on their situation and the stage of their file, they may have their claim examined by the Refugee Protection Division (RPD), obtain a work permit, and receive coverage under the Interim Federal Health Program (IFHP).
However, asylum claims remain subject to various eligibility rules and procedural requirements. The amendments introduced by Bill C-12, which came into force on March 26, 2026, notably introduced new rules that may prevent certain claims from being referred to the Refugee Protection Division.
The rules that apply can vary depending on the claimant's situation, including the circumstances of their entry into Canada, the date the claim is submitted, and any steps already taken with immigration authorities. The main rules concerning the rights, protections, and processing of an asylum claim are outlined below.
Key Takeaways
- An asylum seeker whose claim is referred to the Refugee Protection Division can have their claim examined by the IRB.
- An asylum seeker in Canada can generally obtain an open work permit while their claim is being processed, subject to the rules that apply to their situation.
- Certain new eligibility rules introduced by Bill C-12 may prevent a claim from being referred to the Refugee Protection Division.
- Depending on the applicable conditions, asylum seekers may benefit from the Interim Federal Health Program and certain assistance programs.
- An asylum seeker cannot freely leave Canada while their claim is being processed. Leaving the country may result in the claim being declared abandoned.
Who Is Considered an Asylum Seeker in Canada?
An asylum seeker is a person who seeks Canada's protection because they fear persecution or would face certain serious risks if returned to their home country, including in specific circumstances.
The term "asylum seeker" refers to a person whose claim for protection is still under review. It differs from the term "refugee," which refers to a person whose need for protection has been recognized, and from "protected person," the legal status granted to someone recognized as a Convention refugee or a person in need of protection.
This recognition of a need for protection may be granted by the Refugee Protection Division (RPD) or, where an appeal of a rejected claim is available, by the Refugee Appeal Division (RAD). In certain situations, a person may also be recognized as a person in need of protection following a Pre-Removal Risk Assessment (PRRA) conducted by an Immigration, Refugees and Citizenship Canada (IRCC) officer.
What Rights Does an Asylum Seeker Have in Canada?
Submitting an asylum claim grants access to several rights and protections provided under Canadian law, subject to the conditions and exceptions that apply to each situation.
When a claim is eligible and can be referred to the Refugee Protection Division (RPD), the claimant has the right to have their claim for protection examined by the IRB and to present evidence in support of their claim. They are also entitled, under the conditions set out by law, to protection from removal while their claim is being processed.
An asylum seeker may also have access to certain rights and programs while their claim is being processed, including the possibility of obtaining a work permit and coverage under the Interim Federal Health Program (IFHP). However, the applicable conditions may vary depending on the claimant's situation.
What Does Bill C-12 Change for Asylum Claims in 2026?
The legislative changes introduced by Bill C-12 established new rules regarding the eligibility of asylum claims. These rules can notably affect people who submit their claim long after entering Canada, as well as those who entered the country from the United States under certain circumstances.
Whether these rules apply depends on the claimant's situation, particularly the date and circumstances of their entry into Canada. It is therefore necessary to verify the applicable eligibility rules before concluding that a claim can be referred to the Refugee Protection Division (RPD).
New Eligibility Rules
Among the changes introduced, certain claims may be ineligible if they are submitted more than one year after the claimant's first entry into Canada. This rule may apply to some individuals whose first entry into Canada predates the coming into force of the new provisions, subject to the transitional rules and exceptions set out by law.
Special rules also apply to certain individuals who enter Canada by crossing the land border between Canada and the United States outside of a port of entry. In some situations, a claim submitted more than 14 days after such an entry may be ineligible.
These rules do not, however, involve any assessment of the merits of the claim. Rather, they determine whether the claim can be referred to the RPD to be examined on its merits.
What Happens When a Claim Is Ineligible?
When an asylum claim is found to be ineligible, it is not referred to the Refugee Protection Division for a decision on its merits.
Depending on the circumstances, the person may nonetheless be eligible for another process to assess their need for protection, such as a Pre-Removal Risk Assessment (PRRA). The applicable criteria and procedure differ from those of a claim examined by the RPD.
In certain cases, particularly when a claim has been declared abandoned or rejected in the claimant's absence, an application to reopen the claim may also be filed with the RPD. Other immigration options may also be available depending on the person's situation.
How Long Does It Take to Process an Asylum Claim in Canada?
There is no single processing time for asylum claims. The time it takes for the Refugee Protection Division (RPD) to reach a decision can vary considerably from one file to another.
The processing time depends on factors such as the complexity of the file, the necessary background checks, the claimant's country of origin, the administrative region responsible for the file, and the IRB's workload at the time the claim is processed. Compliance with the various deadlines set out in the procedure can also affect how the file proceeds.
Statistics published by the IRB can provide a general indication of processing times, but they cannot precisely predict how long a particular claim will take. It is therefore best to consult the processing times published by the IRB at the time of filing and to monitor the file's progress throughout the process.
Can Processing Times Vary From One Claimant to Another?
Yes. Two claims submitted around the same time can be processed on different timelines. Factors such as the type of checks required, the complexity of the issues raised in the file, and the workload of the responsible administrative region can affect the time before a hearing and a decision.
General statistics on processing times should therefore be considered indicative only, not an estimate of the timeline that will apply to any specific file.
Can You Travel While an Asylum Claim Is Being Processed in Canada?
As a general rule, an asylum seeker cannot travel outside Canada while their claim is being processed. As part of the process, immigration authorities generally seize and retain the claimant's original passport or other travel documents until a final decision is made.
Support With an Asylum Claim
An asylum claim involves a number of steps and obligations, including preparing the Basis of Claim (BOC) form, gathering evidence, and preparing for the hearing before the Refugee Protection Division (RPD).
Preparing the file requires taking into account the rules that apply to the claimant's specific situation, as well as the deadlines set out in the process. Blain Avocats supports asylum seekers throughout these various steps.
