Canada’s Immigration Department has initiated the process of sending letters to tens of thousands of refugee claimants, informing them that they may not meet the criteria for asylum and advising some to depart promptly. This action follows the recent implementation of a law in Ottawa that has tightened the rules around the timing and process for filing claims.
The Immigration, Refugees and Citizenship Canada (IRCC) clarified that these letters are not deportation notices but rather procedural fairness letters, a standard practice to allow applicants to provide additional information before a final decision is made. Approximately 30,000 applicants have already received these notifications.
One such letter obtained by CBC News stated, “I have determined that your claim for refugee protection may be ineligible to be referred to the Refugee Protection Division of the Immigration Refugee Board of Canada.” This communication highlighted a specific case where the applicant entered Canada in 2024 and submitted their application over a year later. The new law, Bill C-12, prohibits individuals who arrived in Canada more than a year before applying to the IRB, retroactively effective from June 24, 2020.
In response to these letters, applicants have been given a 21-day window to provide additional information or evidence regarding their entry circumstances. IRCC emphasized that these details could impact the assessment of their eligibility for IRB referral and mentioned that those whose claims are not referred can still complete a pre-removal risk assessment (PRRA) form for further consideration.
Despite this option, concerns have been raised by immigration lawyers regarding the effectiveness of paper-based processes compared to in-person hearings. They believe that the absence of face-to-face interactions may lead to inaccurate decisions and limit applicants’ ability to fully present their cases.
Another type of letter received by some applicants states that their refugee protection claim is not eligible for referral to the IRB due to specific amendments in immigration law targeting claimants who entered Canada through non-regular ports of entry along the U.S. border and delayed making their asylum claim. These individuals are urged to leave Canada promptly and are warned of potential deportation if they fail to do so.
Adam Sadinsky, representing the Canadian Association of Refugee Lawyers, highlighted the importance of ensuring applicants’ constitutional rights to a PRRA before leaving Canada. He expressed concerns that certain individuals may not have access to this assessment due to restrictions for applicants from countries where deportation is currently prohibited for safety reasons.
The evolving situation has sparked debates among legal experts and raised apprehension about the implications of the new legislation on refugee claimants and their families, potentially leaving some in uncertain circumstances.