Refugee Claim One-Year Rule in Canada: Who It Affects

If you first came to Canada after June 24, 2020, you generally have one year from that first entry to make a refugee claim. A claim made after that year is not sent to the Immigration and Refugee Board for a hearing. You may still be able to ask for protection through a pre-removal risk assessment.

What the one-year rule says

Bill C-12 is the Strengthening Canada’s Immigration System and Borders Act. It added new reasons a refugee claim can be found “ineligible.” Ineligible means the claim is not referred to the Immigration and Refugee Board (IRB), the tribunal that decides refugee claims at a hearing.

Under the new rule, a claim made more than one year after you first entered Canada is ineligible if that first entry happened after June 24, 2020. The clock starts at that first entry. Leaving Canada and coming back later does not reset it.

Immigration, Refugees and Citizenship Canada (IRCC) has told Parliament the rule applies to anyone, including students and temporary residents. So if you came on a study permit or a work permit and later decided you cannot go home, the date you first arrived still counts.

The rule sits beside older reasons a claim can be ineligible. For example, a claim cannot go to the IRB if you already have protected person status in Canada, or if you made an earlier claim here that was rejected, withdrawn or abandoned.

Who the rule does not apply to

IRCC lists two exceptions to the rules that started on March 26, 2026:

• You are under 18 and have no parent or legally responsible adult in Canada when you claim.
• You started your claim online before the one-year cut-off.

If your one-year mark is close, do not wait. Under the updated process that began on November 3, 2026, IRCC says an application only becomes official once you present it in person to an officer. Ask a lawyer how these two rules fit your dates before you rely on the online start.

The 14-day rule at the land border

A second new rule covers people who cross the Canada–US land border between official ports of entry. If you make your claim more than 14 days after that crossing, it is ineligible.

This is separate from the Safe Third Country Agreement, which has not changed. Under that agreement, a person who claims at an official land crossing from the United States, or who crosses elsewhere along the border, including rivers and lakes, and claims within 14 days, is generally returned to the United States. Some exceptions and exemptions apply.

What happens if your claim is ineligible

The government has said people affected by the new rules will still have access to a pre-removal risk assessment. A PRRA is a review by an IRCC officer of the risk you would face if you were sent back. The officer looks at fear of persecution, danger of torture, risk to your life, and risk of cruel and unusual treatment or punishment.

How a PRRA works

1. You wait for notice. You cannot apply until CBSA tells you that you may. A CBSA officer gives you the form and the instruction guide.
2. You apply on time. IRCC’s PRRA page gives 15 days if you receive the forms in person and 22 days if they come by mail. Follow the date on your own notice.
3. You send it in. You can apply online through Canada Post Connect, which is free, or by mail to the address in the guide.
4. An officer decides. Most files are decided on paper. IRCC can hold an oral hearing when there is a serious question about credibility.

A first application that arrives on time generally means you will not be removed until IRCC decides it. A late application does not give you that protection. IRCC states that if your complete application does not arrive before the deadline, you will be removed from Canada.

Every document must be in English or French. Anything in another language needs a translation and a signed declaration from the translator, or IRCC will not consider it.

If the decision is positive, you can stay in Canada and may become a protected person. Most protected persons can then apply for permanent residence. If you become a permanent resident, our guide to renewing a PR card explains how to keep your card current. People found inadmissible on serious grounds, such as serious criminality or security, are treated differently. If they are found to be at risk, their removal is stayed, but they cannot apply for permanent residence.

What to do now

1. Find the date you first entered Canada after June 24, 2020. Check your passport stamps, visas and permits.
2. If you are still inside your first year, start your claim right away.
3. If you already have a PRRA notice, write down the day it reached you and count forward.
4. Collect your evidence early, including anything that will need a translation.
5. Speak with a lawyer before you file, so your written story and your documents line up.