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By: Manoah Kikekon
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| Canada Flag |
OTTAWA — In a major policy shift that could reshape the dreams of thousands of migrants, Canada has officially enacted one of its most stringent asylum laws in recent history. Bill C-12, also known as the Strengthening Canada’s Immigration System and Borders Act, received Royal Assent on March 26, 2026, introducing rigid deadlines that effectively disqualify "late" applications.
The law is designed to reduce the immense pressure on Canada's refugee system and deter what officials describe as the use of asylum as a "shortcut" for regular immigration. Under the new rules, the window for seeking protection has narrowed significantly, leaving many, particularly Nigerians who form a large portion of the applicant pool, in a state of uncertainty.
The most striking feature of the new law is the one-year eligibility bar. Immigration, Refugees and Citizenship Canada (IRCC) has announced that asylum claims made more than one year after an individual's first entry into Canada will no longer be referred to the Immigration and Refugee Board (IRB).
Crucially, this rule is retroactive. It applies to all claims made on or after June 3, 2025, and considers any entry into the country dating back to June 24, 2020. This means that students, workers, or visitors who have been in Canada for years and only now decide to seek asylum due to changing conditions in their home countries may find themselves automatically ineligible.
The law also takes aim at "irregular" crossings along the Canada–U.S. land border. Migrants who enter between official ports of entry now have a strict 14-day window to file an asylum claim. Failure to meet this two-week deadline will lead to an immediate rejection of their referral to the IRB.
According to the IRCC, these measures are intended to "close loopholes" and ensure the system remains sustainable during periods of "sustained pressure."
Nigeria has historically been one of the top source countries for asylum seekers in Canada. Recent data reveals that between January 2013 and December 2024, at least 13,171 Nigerian claims were rejected. With the implementation of Bill C-12, that number is expected to climb as those already in the country on temporary visas miss the new filing deadlines.
Critics and immigration lawyers have raised concerns that the law may unfairly penalize vulnerable people whose circumstances such as political instability or personal threats may only arise long after they have arrived in Canada.
While Bill C-12 blocks access to the formal IRB hearing process for late applicants, the Canadian government noted that those affected will still have access to a Pre-Removal Risk Assessment (PRRA). However, legal experts warn that the PRRA is a much narrower process with a lower success rate than a full refugee hearing.
The law also grants the government broader powers to: Cancel or suspend immigration documents in the "public interest." Pause the intake of new applications to manage backlogs. Expand domestic information sharing to track migrant movements more closely.
As Canada moves toward a more restrictive immigration posture in 2026, the "Badagry-to-Toronto" pipeline and other common migration routes face their most significant legal hurdle in decades.