Canada modernizes the asylum system to support timely decisions

Changes to the Immigration and Refugee Protection Regulations are now in effect. These changes strengthen how asylum claims are received, processed and decided, making the system more efficient, easier to navigate and better positioned to deliver timely decisions. Immigration, Refugees and Citizenship Canada (IRCC) now has a clearer process for making an asylum claim, as well as timelines for submitting the required documents.

Here’s what has changed:

Introduce a single online application process for all asylum claims

Immigration, Refugees and Citizenship Canada (IRCC) now has a clearer process for making an asylum claim, as well as timelines for submitting the required documents.

Key changes:

There is now a new online process for people seeking to make an asylum claim from inside Canada.
As a first step, they will first answer questions in the IRCC Portal to indicate their intention to make a claim.
They will then be invited to an in-person appointment with an officer, where they will formally make their claim.
For claims eligible for referral to the Immigration and Refugee Board (IRB), claimants will have 60 days to submit their completed application and required documents, with a one-time extension of 30 days on request.

Expected outcomes: Improved system efficiencies through a more consistent and easier-to-understand process for asylum claims made inside Canada or at a port of entry, with clearer requirements and more predictable timelines.

The changes reduce duplication and administrative burden. This new process also gives the minister time to review the information and documents before the claim is referred to the IRB.

Establish timelines for key government reviews

Before an asylum claim is heard by the IRB, IRCC’s security partners complete reviews related to security, criminality, admissibility and program integrity. These reviews ensure that, going forward, only claims that are ready to proceed to a hearing are referred to the IRB.

Key changes:

Establish a time limit for completing these government review activities before a claim is referred to the IRB.
Complete key reviews beforehand, helping hearings proceed as scheduled.

Expected outcome: More efficient processing and fewer hearing delays by preventing the accumulation of non-actionable claims at the IRB.

Specify rules for reinstatement of withdrawn claims and claims that aren’t abandoned

The regulations clarify what happens when the IRB determines that a claim hasn’t been abandoned. They also explain how a claim withdrawn by the minister can be reinstated.
A claim that has not been referred to the IRB is withdrawn when the claimant notifies the minister in writing of their decision to withdraw their claim. A claim may be determined to be abandoned when the claimant fails to take the required steps to pursue it.

Key changes:

Clarify what a claimant must do to allow their claim to proceed when the IRB hasn’t determined it to be abandoned.
Establish the circumstances under which a withdrawn claim can be reinstated by the minister.
Prevents inactive claims from being referred to the IRB.

Expected outcome: Clearer processes for determining how claims proceed or are reinstated, while helping remove cases from the asylum system that are no longer being pursued.

Strengthen support for vulnerable claimants

Some people, including those under 18 years of age and individuals who can’t fully understand the proceedings, require additional support during the asylum process. This support is provided through the appointment of designated representatives.

Key changes:

Clarify when a designated representative must be appointed.
Define the responsibilities and requirements for individuals acting as designated representatives.
Establish when a designated representative’s appointment ends.

Expected outcome: Better support for vulnerable claimants and fewer delays.

Maintain status quo in the application of the Safe Third Country Agreement

The regulations clarify how eligibility under the Canada–US Safe Third Country Agreement (STCA) and the Additional Protocol should be determined following the modernization of the asylum system, helping prevent unintentional delays.

Key changes:

Clarify that, with the new asylum process, the 14-day period set out in the Additional Protocol begins when the individual submits the online application to indicate their intention to make a claim.
Change the requirement for demonstrating eligibility based on an in‑Canada family member with a pending claim, from the claim being referred to the IRB to the claim being found eligible for referral to the IRB.

Expected outcome: While there are no changes in practice for asylum claimants subject to the STCA and its Additional Protocol, the changes to the regulations will bring clarity to claimants.

Support individuals with eligible claims to access work permits

Eligible individuals will continue to access work permits

Key changes:

Make permanent the current approach to issuing work permits.
Enable eligible asylum claimants to receive work permits after submitting a complete claim, with overall timelines continuing to depend on how quickly they complete the claim process.

Expected outcome: Eligible claimants can enter Canada’s labour market and provide for themselves while they await a decision on their asylum claim.

Provide exceptions to new ineligibility rules

Exceptions to the new ineligibility rules ensure that the rules are applied fairly and consistently.

Key changes:

Include an exception to the new ineligibility rules for unaccompanied minors.

Include an exception to the one-year eligibility requirement for individuals who register through the online portal and indicate their intention to seek asylum within their first year in Canada.

Expected outcome: Fairly and consistent application of ineligibility rules, while ensuring that those who lack legal guardianship and those who submit documents and information in view of making a claim within their first year have their claims referred to the IRB.

Reproduced from the original Government of Canada announcement.

Source: Immigration, Refugees and Citizenship Canada

#official#government-of-canada#immigration