A refugee claim must first pass an eligibility review before it is referred to the Immigration and Refugee Board of Canada. If the claim is found ineligible, the claim does not proceed to a Refugee Protection Division hearing. IRCC’s current eligibility guidance specifically states that certain new ineligibility rules apply to claims made on or after June 3, 2025.

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This is why early review of your facts, travel history, dates of entry, and the claim record is important.

The current official rules identify two major new ineligibility issues for claims made on or after June 3, 2025:

• a claim made more than one year after first entering Canada, where the relevant entry occurred after June 24, 2020

• a claim made more than 14 days after entering Canada irregularly between ports of entry from the United States

 

If one of these rules applies, the claim may not be referred to the IRB for a hearing.

These matters often depend on very specific details.

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The exact date of first entry, whether the person left and returned, how they entered Canada, and when the claim was actually made can all matter. Official government guidance says the one-year rule applies if the person first entered Canada after June 24, 2020, even if they later left Canada and returned.

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Because these cases turn on dates and procedural history, careful file review is essential before deciding what to do next.

An ineligible claim does not move forward to the Refugee Protection Division, but that does not always mean there are no remaining steps.

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The Government of Canada states that people affected by these ineligibility provisions may, in many cases, still have access to a Pre-Removal Risk Assessment (PRRA) so that risk can be assessed before removal. IRCC has also published a temporary public policy to facilitate access to open work permits for certain people whose asylum claims were found ineligible for referral to the RPD and who may later become eligible for a PRRA.

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IRCC’s information sheet for ineligible asylum claims also explains that once a claim is found ineligible and a removal order becomes enforceable, prior temporary documents can be affected, and status-related consequences may follow.

For many people affected by these new rules, the most important protection-related question becomes whether they may later be eligible for a PRRA.

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IRCC states that a person cannot simply choose to file a PRRA immediately on their own; in many cases, they may apply only when the Canada Border Services Agency advises that they are eligible. IRCC also lists categories of people who are not eligible for a PRRA, including certain Safe Third Country Agreement cases and some other specified situations.

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This means the next step depends heavily on the reason for the ineligibility and the person’s procedural posture.

At Salvera Immigration, we help clients take a careful and practical approach when a refugee claim may be affected by ineligibility rules.

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Our support may include:

• reviewing dates of entry, claim history, and procedural documents

• identifying whether a Bill C-12 ineligibility issue may apply

• helping clients understand what the notice or decision means

• assessing possible next steps and protection-related options

• guiding clients on work permit and status-related questions where applicable

 

We understand that these cases can feel urgent and uncertain. Our goal is to help you understand where your case stands and what options may still be available.