New Immigration Law Puts 30,000 Asylum Seekers at Risk of Deportation

What this means for you: If you are an asylum seeker who entered Canada after June 24, 2020, and filed your claim more than a year later, you may no longer be eligible for a full hearing. This could lead to deportation if you do not act quickly.

The News

The Canadian government has started sending warning notices to about 30,000 asylum seekers. These notices state that their refugee claims may be rejected immediately without a full hearing.

This change is due to Bill C-12, also known as the Strengthening Canada’s Immigration System and Borders Act. The government enacted this law on March 26.

The new rule says that if you file an asylum claim more than one year after entering Canada, you are generally not allowed a full hearing at the Immigration and Refugee Board (IRB).

Crucially, this rule applies retroactively. It affects people who entered Canada after June 24, 2020, even if they followed the rules that were in place at the time they arrived.

Who Is Affected

This group includes approximately 30,000 people. A significant portion of this group comes from Punjab, India.

• Nearly 9,000 Punjabis are at risk.
• Many of these individuals are former international students.
• Many applied for asylum after their study permits expired or after they could not find work.

The Process: What Happens Now?

Recipients are receiving "procedural fairness letters." These are not final deportation orders yet, but they are a serious warning.

If the government decides your claim is ineligible, you will not get a full refugee hearing. Instead, your case will only be reviewed through a Pre-Removal Risk Assessment (PRRA).

A PRRA is much harder to win than a full hearing because it offers fewer chances to present evidence and tell your story.

What You Should Do

If you or someone you know receives one of these letters, you must act immediately.

1. Consult a legal professional: Do not ignore the letter. Contact an immigration lawyer or a registered immigration consultant right away.
2. Watch the deadline: You typically have only 21 days to submit additional information to Immigration, Refugees and Citizenship Canada (IRCC) after receiving the letter.
3. Explore your options: A lawyer can help you determine if you can challenge the retroactive application of the law or if there are other legal avenues to stay in Canada.

Bottom Line

The enforcement of Bill C-12 puts thousands of long-term residents, including many former students, at immediate risk of removal. Because the deadlines are tight—often just 21 days—getting legal advice quickly is the most important step you can take to protect your status in Canada.

Source: The Tribune