06/03/2026
Many people assume that every asylum claim made in Canada automatically proceeds to a refugee hearing. In reality, every claim must first undergo an eligibility assessment.
Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) are responsible for reviewing asylum claims to determine whether they meet the legal requirements to be referred to the IRB.
If a claim is found eligible, it is referred to the IRB, which will decide whether the claimant qualifies as a Convention refugee or a person in need of protection. However, if a claim is determined to be ineligible, it will not be referred to the IRB, and the claimant may be referred to the CBSA for removal proceedings.
Some of the reasons an asylum claim may be found ineligible include:
🔹 The claimant has already been recognized as a Convention refugee by another country to which they can return.
🔹 The claimant already has protected person status in Canada.
🔹 The claimant made the asylum claim more than one year after first entering Canada.
🔹 The claimant is subject to a removal order.
🔹 The claimant has previously made an asylum claim in Canada that was rejected, abandoned, withdrawn, or previously determined to be ineligible.
🔹 The claimant has made a prior asylum claim in another country.
🔹 The claimant is inadmissible to Canada on grounds of security, serious criminality, or human rights violations.
🔹 The claimant entered Canada from the United States through a land border crossing and does not qualify for an exception under the Safe Third Country Agreement.
🔹 The claimant entered Canada between ports of entry along the Canada–U.S. border and made the asylum claim more than 14 days after entry.
Understanding the distinction between eligibility and refugee protection is essential. Before the merits of a refugee claim can be considered, the claim must first satisfy Canada's eligibility requirements.
With recent legislative changes under Bill C-2, the timing of an asylum claim has become increasingly important. Individuals who wait too long after entering Canada may find that their claim is no longer eligible for referral to the IRB.
Contact us for your asylum cases:
📧 [email protected].
📞 709-853-0302.