Bill C-12 Refugee Claim Ineligibility: Understanding PRRA and Your Options in Canada
Updated: Jul 3
Canada's refugee protection system is undergoing significant changes. Proposed reforms under Bill C-12 may affect who can access the refugee determination process and who may instead be directed toward other forms of protection, including a Pre-Removal Risk Assessment (PRRA).
If you recently learned that your refugee claim may be found ineligible, you may feel overwhelmed, frustrated, or uncertain about your future in Canada. While these changes can have serious consequences, being found ineligible does not necessarily mean that all immigration options are exhausted.
At our Edmonton immigration consulting firm, we help individuals understand their rights, assess available pathways, and prepare applications that clearly present their circumstances and need for protection.
Before a refugee claim is referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board, Canadian immigration authorities determine whether the claim is eligible to be heard.
Under changes introduced by Bill C-12, some individuals may no longer be able to proceed through the refugee hearing process if they fall within newly established ineligibility categories.
Two new eligibility requirements apply to all claims made on or after June 3, 2025:
Asylum claims made more than one year after someone’s first entry into Canada after June 24, 2020, won’t be referred to the Immigration and Refugee Board of Canada (IRB), regardless of whether the person has since left and returned.
Asylum claims from people who entered Canada between ports of entry along the Canada–US land border and who made a claim after 14 days won’t be referred to the IRB.
A finding of ineligibility means that the Refugee Protection Division will not assess the merits of the refugee. Instead, individuals may be directed toward alternative processes, depending on their circumstances.
A Pre-Removal Risk Assessment (PRRA) is a process that allows certain individuals facing removal from Canada to present evidence demonstrating that they would face risks if returned to their country of nationality or habitual residence.
In a PRRA application, the officer will consider:
Risk of persecution
Risk to life
Risk of torture
Risk of cruel and unusual treatment or punishment
Unlike a refugee hearing before the Immigration and Refugee Board, a PRRA is generally a paper-based process. The quality and organization of the evidence submitted can significantly affect the outcome.
Many applicants mistakenly assume that a PRRA is simply a shorter version of a refugee claim. In reality, the legal requirements, evidentiary standards, and procedural rules can be complex.
Strong PRRA applications might include:
Detailed personal statements
Country condition evidence
Human rights reports
Expert opinions
Medical or psychological documentation where appropriate
Evidence demonstrating individualized risk
Preparing a persuasive application requires careful attention to both the facts of the case and the legal framework governing risk assessments.
Other Immigration Options May Be Available
Even if a refugee claim is found ineligible, other immigration pathways may still exist.
Depending on your circumstances, you may qualify for:
Humanitarian and Compassionate Applications
Humanitarian and Compassionate (H&C) applications may be appropriate for individuals who have established significant ties to Canada, have children directly affected by the decision, and would experience extreme and undeserved hardship if required to leave Canada.
Family Sponsorship
Some individuals may be eligible for sponsorship through a spouse, common-law
partner, parent, or other qualifying family member.
Temporary Resident Permit Applications
In certain situations, individuals facing compelling circumstances may qualify for temporary status through a Temporary Resident Permit.
Other Immigration Programs
Work permits, study permits, or economic Permanent Resident streams may also be available depending on a person's qualifications and circumstances.
What Should You Do If Your Claim May Be Ineligible?
If you have received correspondence from Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) indicating that your refugee claim may be ineligible, it is important to seek advice as soon as possible.
Early intervention may help you:
Understand the implications of the decision
Identify available remedies
Preserve important deadlines
Explore PRRA eligibility
Evaluate alternative immigration pathways
Compassionate Guidance During a Difficult Time
Facing uncertainty about your immigration status can be emotionally challenging. Many individuals seeking protection in Canada have already endured significant hardship before arriving here.
Our Edmonton immigration consulting firm approaches every case with professionalism, empathy, and careful attention to detail. We take the time to understand your circumstances and help you identify the strongest available options under Canadian immigration law.
Speak With an Edmonton Immigration Consultant
If your refugee claim has been found ineligible or you are concerned about how Bill C-12 may affect your case, professional guidance can help you understand your options.
Contact our Edmonton office today to schedule a free consultation and receive a personalized assessment of your immigration situation.
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