Amendments to the Immigration and Refugee Protection Regulations are now in effect, changing how asylum claims are made from inside Canada and how they move to the Immigration and Refugee Board (IRB). The changes affect in-Canada claimants, people subject to the Canada–US Safe Third Country Agreement (STCA), unaccompanied minors, vulnerable claimants requiring designated representatives and claimants seeking work permits while awaiting a decision.

What changed

IRCC has introduced a single online process for making an asylum claim from inside Canada. A prospective claimant first answers questions in the IRCC Portal to indicate their intention to make a claim, then attends an in-person appointment with an officer to formally make the claim.

For claims eligible for referral to the IRB, claimants have 60 days to submit their completed application and required documents. A one-time extension of 30 days is available on request. A time limit has also been set for IRCC’s security partners to complete reviews related to security, criminality, admissibility and program integrity before referral. Only claims ready to proceed to a hearing are referred to the IRB.

The rules on withdrawn and abandoned claims have been clarified. A claim that has not been referred to the IRB is withdrawn when the claimant notifies the minister in writing. The regulations also set out when the minister may reinstate a withdrawn claim, and what a claimant must do to allow their claim to proceed when the IRB has not determined it to be abandoned. Designated representative rules have been strengthened, clarifying when one must be appointed, their responsibilities and when the appointment ends.

Who is affected

• People making asylum claims from inside Canada or at a port of entry.
• Claimants subject to the STCA and its Additional Protocol.
• Unaccompanied minors and vulnerable claimants requiring designated representatives.
• Asylum claimants seeking work permits while awaiting a decision.

What this means in practice

Under the STCA Additional Protocol, the 14-day period now begins when the individual submits the online application indicating their intention to claim. Where a claimant relies on an in-Canada family member exception, the family member’s claim must have been found eligible for referral to the IRB, rather than already referred.

The current approach to work permits has been made permanent. Eligible claimants can receive a work permit after submitting a complete claim, with overall timing depending on how quickly they complete the claim process. There is an exception to the new ineligibility rules for unaccompanied minors, and an exception to the one-year eligibility requirement for individuals who register through the online portal and indicate their intention to seek asylum within their first year in Canada.

Next steps

Prospective claimants should begin by answering the questions in the IRCC Portal to indicate their intention, then attend the in-person appointment. The 60-day document deadline should be diarized from the outset, with the 30-day extension requested before expiry if needed. Minors and claimants who cannot fully understand the proceedings should be identified early so that designated representative requirements are addressed. The official announcement is available on the Government of Canada website.