Canada continues to improve its asylum system so that it is fair, transparent and sustainable over the long-term.
This includes improving how we receive, process and decide on asylum claims by updating the Immigration and Refugee Protection Regulations.
Here's how proposed changes would help make the asylum system more efficient, easier to navigate and better able to provide timely decisions.
Clarify the asylum application process
Immigration, Refugees and Citizenship Canada (IRCC) will outline the information and documents required to make a claim, as well as the timelines for submitting them.
Key changes:
- Set clear requirements for what documents and information claimants must submit and when.
- Give claimants 60 days to submit a complete application, with a one-time extension of 30 days upon request.
Expected outcome: Clearer requirements, predictable timelines and a simpler claimant experience, notably facilitated by an online application process
Establish timelines for key government review
Before a refugee claim is heard by the Immigration and Refugee Board of Canada (IRB), IRCC's security partners complete reviews related to security, criminality, admissibility and program integrity. This will ensure only hearing-ready files are referred to the IRB.
Key changes:
- Establish a time limit for the minister to complete review activities before a claim proceeds to a hearing.
- Help ensure hearings proceed as scheduled by completing key reviews beforehand.
Expected outcome: More efficient processing and fewer hearing delays
Specify rules for reinstatement of withdrawn claims and claims that are not abandoned
The proposed regulations would clarify the process for claims that are allowed to continue after the IRB determines they were not abandoned, and for claims that have been withdrawn and later reinstated. This supports efforts to clear out cases from the asylum system that are not being pursued.
Key changes:
- Set out what a claimant must do if the IRB determines that their claim has not been abandoned.
- Establish the circumstances under which a withdrawn claim can be reinstated by the minister.
Expected outcome: Greater clarity and consistency on how claims proceed or are reinstated
Strengthen support for vulnerable claimants
Some people, including minors and individuals who can't fully understand the proceedings, require additional support during the asylum process. This will be done through the use 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 proposed regulations would reflect how eligibility under the Safe Third Country Agreement (STCA) and its Additional Protocol should be determined following the modernization of the asylum system to prevent unintentional delays.
Key changes:
- Clarify that for online applications, the 14-day period set out in the Additional Protocol begins when the individual submits their information online with a view to making 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: No change in practice for asylum claimants subject to the STCA and its Additional Protocol
Help eligible claimants get access to work permits sooner
The proposed regulations would support faster access to work permits.
Key changes:
- Allow eligible asylum claimants to receive work permits sooner after submitting a complete claim.
- Enable eligible claimants to enter Canada's labour market sooner and provide for themselves while they await a decision on their asylum claim.
Expected outcome: Eligible claimants can find employment and support themselves sooner.
Create exceptions to new ineligibility rules
The proposed regulations would establish exceptions to new ineligibility rules.
Key changes:
- Create exceptions to new ineligibility rules for unaccompanied minors.
- Create an exception for claimants subject to the one-year eligibility requirement for asylum claims. This would ensure that individuals who register through the online portal and indicate an early intention to seek asylum remain eligible to make a claim.
Expected outcome: Ineligibility rules are applied fairly and consistently.
