A new law aimed at curbing misuse of Canada’s asylum system has come into force amid a surge in refugee claims over the past few years, including a sharp rise from Indian nationals.
Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, became law last week.
One of its key provisions introduces new eligibility rules: asylum claims filed more than one year after an individual’s entry into Canada — for arrivals since June 24, 2020 — will no longer be referred to the Immigration and Refugees Board of Canada (IRB). This significantly reduces applicants’ chances of obtaining refugee status.
However, such individuals will still be eligible for a pre-removal risk assessment (PRRA) conducted by Immigration, Refugees and Citizenship Canada (IRCC) to ensure they are not returned to countries where they may face persecution, torture or other serious harm.
Announcing the legislation, IRCC said the measures would “reduce pressure on the asylum system, protect it against sudden increases in claims, close loopholes and deter people from using asylum as a shortcut to regular immigration pathways.”
Toronto-based immigration lawyer Raghav Jain welcomed the move, saying the law would help stabilise the system and address gaps that had been exploited. Jain, principal lawyer at Vantage Immigration Law, said a major factor behind the spike in claims was the 2024 change to post-graduate work permit eligibility, which left thousands of international students unable to apply.
“That led to a surge in inland refugee claims, many of which were not genuine,” Jain said. “These claims allowed students temporary status while awaiting hearings before the Refugee Protection Division, adding significant pressure to an already strained asylum system.”
Indian nationals were among the largest contributors to the increase. In 2023, Indians filed 11,260 asylum claims, including 6,410 from individuals already in Canada. In 2024, claims surged to 32,280, with 17,525 originating from inland applicants.
Although total claims fell to 17,200 last year, about 14,800 were still made by individuals already in Canada, Jain said, citing IRCC data.
Long-term trends show a sharp rise: Indian nationals filed just 380 claims out of 16,050 total applications in 2015. By 2023, that number had risen to 11,260 out of 143,335 claims, and further jumped to 32,280 out of 171,850 in 2024.
Jain cautioned that the new law could unintentionally create additional backlogs by increasing PRRA applications, judicial review cases and requests for stays of removal before federal courts. He also warned that stricter eligibility rules could affect genuine refugees.
He cited the example of a child who arrived in Canada in 2020 but did not immediately seek asylum. If conditions later worsened in their home country, the one-year eligibility limit could permanently prevent them from accessing a full refugee hearing.
IRCC said increased scrutiny has already contributed to a decline in claims from temporary residents — including visitors, workers and international students. Latest data shows asylum claims fell by 36 per cent in January compared with January 2025.
However, critics say widespread misuse of the asylum system may have complicated matters for individuals genuinely fleeing danger.
