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Canada to 30,000 asylum seekers: Respond in 21 days or risk removal

About 30,000 refugee claimants have received letters under Canada's new asylum law, with 21 days to respond or face possible removal

Canada

Canada(Photo: Shutterstock)

Surbhi Gloria Singh New Delhi

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Canada’s immigration department is sending tens of thousands of refugee claimants letters warning they may not be eligible for asylum, and advising some to leave the country immediately, according to CBC News.
 
The move comes after Ottawa passed a law last month tightening how and when refugee claims can be filed.
 
“These are not deportation letters,” Immigration, Refugees and Citizenship Canada (IRCC) told CBC News in a statement confirming that the letters have started going out to about 30,000 applicants.
 
“Procedural fairness letters are routinely used across many programs to give applicants an opportunity to provide additional information before a decision is made.”
   
People receiving the letters have 21 days to respond. They must submit new evidence, explain their situation, or choose to leave Canada voluntarily. IRCC said that if they do not respond in time or fail to satisfy officials, removal proceedings could begin. The short deadline has added to the stress many families are already facing.
 
“There is no member [of the IRB] to listen to you, that they can feel you, they can see you, they can see your fear,” CBC News quoted Lida Berenjian, a Toronto-based immigration lawyer.
 
Berenjian said the legislation is creating several problems.
 
She said she is seeing cases where applicants who first arrived in Canada before the retroactive cut-off date are still receiving letters because they left the country and later re-entered after June 2020.
 
She also pointed to families being split by the rules, with some members receiving letters while others do not.
 
And she raised concerns about possible misuse of the situation, with some lawyers or consultants charging money to complete Pre-Removal Risk Assessment (PRRA) forms, even where applicants may not qualify.
 
“Every single day, I'm receiving 200, 300, 400 ‘please help’ calls,” she said.
 
What is driving Canada’s asylum warning letters?
 
Canada recently introduced a new immigration law, the Strengthening Canada’s Immigration System and Borders Act, or Bill C-12, which received Royal Assent on March 26, 2026.
 
The changes bring stricter rules for people seeking refugee protection. Officials said the measures are intended to reduce pressure on the asylum system, prevent misuse of refugee pathways, and strengthen border controls.
 
IRCC data suggests many of those affected are former international students. Many entered Canada on study permits and later filed asylum claims when other options to stay became harder.
 
One of the central changes is a new one-year deadline. Under the law, people who entered Canada on or after June 24, 2020, are generally required to file an asylum claim within one year of their first entry.
 
If they apply after that period, their claim may be deemed ineligible for a full hearing before the Immigration and Refugee Board (IRB). This means they may lose the chance to present their case in an oral hearing before an independent tribunal.
 
Officials have said the one-year clock is based on a person’s first entry after June 24, 2020. Even if someone later leaves Canada and returns, the original entry date may still be used when assessing eligibility.
 
Under the law, individuals applying for asylum after living in Canada for more than one year will not be eligible for a full IRB hearing.
 
Instead, such cases may be fast-tracked towards removal. Applicants, including international students, can still request a risk assessment before removal. This assessment is carried out by an immigration official rather than an independent tribunal.
 
The law also allows the federal government to cancel, suspend, or modify 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 are intended to address fraud and improve how the system functions.
 
The legislation also enables broader data-sharing between federal and provincial authorities. Immigration details of naturalised citizens born outside Canada and permanent residents may 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.
 
Why Indians may 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, accounting for 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.
 
What concerns are refugee groups raising?
 
The Canadian Council for Refugees (CCR) has raised several concerns about the law.
 
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 IRB hearing. The CCR said this could conflict with Charter rights and the principle of non-refoulement, which prevents individuals from being returned to unsafe conditions.
 
Impact: People at risk, including LGBTQIA+ individuals, survivors of violence, and minors, may face removal without a full assessment.
 
Weak alternative process (PRRA)
 
Applicants deemed ineligible are directed to the Pre-Removal Risk Assessment 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.
 
Risk of legal limbo
 
Individuals from countries where deportations are paused may not be removed but also cannot file refugee claims.
 
Since PRRA is triggered only when removal is imminent, many could remain without legal status.
 
Impact: Long periods of uncertainty, family separation, and limited access to work and healthcare.
 
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.
 
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.
 
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 take into account barriers such as language issues or lack of legal support.
 
Impact: Loss of the right to seek asylum and risk of removal without full review.
 
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.

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First Published: Apr 22 2026 | 10:23 AM IST

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