Canada's Bill C-12 crackdown: Immigration rules tighten, Indians may be hit

Canada's new Bill C-12 limits asylum hearings and expands immigration powers, with Indian students and migrants among those likely to be affected

Canada on Friday passed a new law that restricts access to asylum hearings for some foreign nationals, a move that is expected to affect thousands of Indians living in the country.

 

Officially titled “An Act respecting certain measures relating to the security of Canada's borders and the integrity of the Canadian immigration system and respecting other related security measures”, the law introduces stricter eligibility rules and expands government powers over immigration processes.

 

Last month, Immigration Minister Lena Metlege Diab said the changes were introduced in response to what the government described as growing misuse of the asylum system.

   

“This Act strengthens Canada’s immigration and asylum systems in four key areas,” Immigration, Refugees and Citizenship Canada (IRCC) said, listing:

• Updated eligibility rules for asylum claims

• A more efficient asylum process

• Expanded domestic information sharing

• New authorities for immigration documents and applications

 

What changes under Bill C-12

 

Under the new law, individuals who apply for asylum after living in Canada for more than one year will no longer be eligible for a full hearing before the Immigration and Refugee Board (IRB), an independent tribunal that assesses refugee claims.

 

Instead, such cases will be fast-tracked for deportation. Applicants, including international students, will still be able to request a risk assessment before removal. This assessment will be conducted by an immigration official rather than an independent tribunal.

 

The law also allows the federal government to cancel, suspend, or modify large groups of immigration documents at once. These include:

• Permanent resident visas

• Work permits

• Study permits

• Temporary resident visas

• Electronic travel authorisations

• Permanent residence cards

 

The government said these powers would help address fraud and improve system efficiency.

 

It also enables broader data-sharing between federal and provincial authorities. Immigration details of naturalised citizens born outside Canada and permanent residents can be shared with provinces. In certain cases, provinces and territories may also share client information with foreign organisations, subject to written approval from the immigration department. 

 

Indians likely to be among the most affected

 

India remains Canada’s largest source of skilled migrants. According to official data, more than 500,000 Indian students were in Canada in 2024, forming about 40 per cent of the international student population.

 

Nearly 10,000 refugee claims were filed by Indians in the first half of 2025, following more than 32,000 applications in 2024. Many of these claims came from students seeking to extend their stay after failing to secure permanent residency once their study permits expired.

 

With Bill C-12, authorities can now process entire categories of applications instead of reviewing cases individually.

 

Concerns raised by refugee groups

 

The Canadian Council for Refugees (CCR) has raised several concerns about the new law:

 

1. Denial of fair refugee hearings

 

The Bill introduces two ineligibility rules:

 

• Claim made after one year of arrival

• Claim made 14 or more days after irregular land entry

 

These provisions remove access to a full hearing before the IRB. The CCR said this could conflict with Charter rights and the principle of non-refoulement, which prevents sending individuals back to unsafe conditions.

 

Impact: People at risk, including LGBTQIA+ individuals, survivors of violence, and minors, may be deported without a full assessment.

 

2. Weak alternative process (PRRA)

 

Applicants deemed ineligible are directed to the Pre-Removal Risk Assessment (PRRA) process.

 

This process does not guarantee an oral hearing, offers no right of appeal, and is handled by officials rather than an independent tribunal.

 

Impact: Reduced procedural safeguards and a higher risk of wrongful refusals.

 

3. Risk of legal limbo

 

Individuals from countries where deportations are paused may not be removed but also cannot file refugee claims.

 

Since PRRA is only triggered when removal is imminent, many could remain without legal status.

 

Impact: Long periods of uncertainty, family separation, and limited access to work and healthcare.

 

4. Broad government powers over immigration status

 

The Bill allows authorities to cancel, suspend, or modify visas and permits based on “public interest”.

 

The CCR said these powers are wide and lack clear safeguards.

 

Impact: Possibility of arbitrary decisions and sudden loss of legal status.

 

5. Data-sharing risks

 

The legislation allows sharing of personal immigration data across government bodies and, in some cases, with foreign entities.

 

This includes identity details and immigration status.

 

Impact: Potential safety risks, especially if sensitive data reaches authorities in migrants’ home countries. 

 

6. Automatic claim abandonment rules

 

Claims may be marked as abandoned if applicants miss deadlines, fail to submit documents, or do not attend interviews.

 

The CCR said the rules do not consider barriers such as language issues or lack of legal support.

 

Impact: Loss of the right to seek asylum and risk of deportation without full review.

 

7. Added delays and system pressure

 

The Bill introduces additional steps before cases reach the IRB.

 

Impact: Longer processing timelines and added strain on an already stretched system.

 

Nicholas A R Fraser, Senior Research Associate at the University of Toronto, said the changes could undermine Canada’s existing approach.

 

“Canada’s asylum system relies on oral hearings and strong, front-end decision-making. By addressing migrant incentives and partnering with civil society, immigration processes can be both fair and efficient. In short, the evidence shows that rights and efficiency are not mutually exclusive — Canada can achieve both,” he wrote in The Conversation on Sunday.

 

Rise in asylum claims

 

The law comes amid a rise in asylum applications in Canada, particularly from international students. Many have faced deportation as their study permits expire under tighter immigration rules introduced in recent years.

 

According to IRCC, around 17 per cent of asylum claims over the past year were filed by students.