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In June 2026, the federal government proposed a substantial set of changes to how Canada’s asylum system works. If you are a refugee claimant, or you support someone who is, these proposals matter — but it is just as important to understand that they are, at this stage, proposed rules that are not yet final. This guide explains what was published, what it aims to do, and why getting advice early is wise while the picture is still changing.

Because these are draft rules that may be revised before they take effect, the safest approach is to treat them as a signal of where the system is heading rather than as settled law. Confirm the current rules on canada.ca before making decisions.

These changes are proposed, not final. Publication in the Canada Gazette, Part I is a step in the rule-making process, not the end of it — the exact wording and effect of the final rules may differ from what was proposed.

Key takeaways

What was published on June 20, 2026

The proposals appeared in the Canada Gazette, Part I — the official publication where the federal government sets out draft regulations for public comment before they are finalized. The package had two main parts: proposed Regulations Amending the Immigration and Refugee Protection Regulations, described as asylum system reform, and proposed Rules Amending the Refugee Protection Division Rules. A companion IRCC release was titled “Canada proposes new regulations to modernize the asylum process.”

Together, these measures are intended to implement Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, which became law on March 26, 2026. In other words, the June 2026 package is part of turning that legislation into detailed working rules.

What “proposed” really means

This is the most important point to keep in mind. Publication in the Canada Gazette, Part I is a step in the rule-making process, not the end of it. The proposals were open for a 30-day comment period, during which members of the public, legal organizations, and others could provide feedback.

After a comment period, proposed rules can be adopted as published, changed, or reconsidered. That means the exact wording and effect of the final rules may differ from what was proposed. For anyone planning around these changes, the practical takeaway is to avoid treating the draft as final and to verify the current status before acting.

Item Detail
Where published Canada Gazette, Part I
Date published June 20, 2026
What was proposed Regulations Amending the IRPR (Asylum System Reform); Rules Amending the RPD Rules
Comment period 30 days
Purpose To help implement Bill C-12
Status Proposed — not yet final

How the RPD process generally works

To understand why rule changes at this level matter, it helps to recall how the Refugee Protection Division fits in. In general terms, when a refugee claim is eligible and referred to the Immigration and Refugee Board, it goes to the RPD, which decides whether the person is a Convention refugee or a person in need of protection. The RPD Rules set out the procedure — things like how documents are filed, how hearings are conducted, and the timelines that apply.

Because procedural rules shape how a claim is prepared and presented, changes to the RPD Rules can affect deadlines, evidence, and the practical steps a claimant must take. That is why proposed changes at this level are worth watching closely, even before they are final.

It is also worth remembering that regulations and procedural rules work alongside the underlying legislation. Bill C-12 set the framework in the statute; the regulations and RPD Rules are meant to fill in the operational detail. When new detail is added, questions can arise about exactly how a rule applies to a particular set of facts. Those questions are often worked out over time — through official guidance, through day-to-day practice at the Board, and sometimes through the courts. In a period of rapid change, that uncertainty is another reason to prepare carefully and to keep an eye on official updates.

Why this connects to litigation

Bill C-12 already made some claims ineligible for referral to the Board, with risk instead assessed through a Pre-Removal Risk Assessment and challenges available in the Federal Court. As the asylum system is reformed through regulations and rule changes, the way claims are processed, and the points at which decisions can be challenged, may continue to shift. New rules can also raise fresh questions of interpretation that take time to settle. For claimants, this reinforces the value of understanding the process and getting advice early rather than after a deadline has passed.

What claimants and counsel should watch

Do not wait for the final rules before getting advice. Refugee timelines can be short and the system is changing quickly — getting advice early can help you understand your options and avoid missing a deadline, even while some rules are still being finalized.

Frequently asked questions

Are these new rules in effect now?

As published in June 2026, they were proposed rules open for comment, not final law. Proposed rules can change before they come into force, so confirm the current status on canada.ca before relying on any detail.

What is the Canada Gazette, Part I?

It is the official publication where the federal government sets out draft regulations for public comment. Publishing there is part of the process of making new rules; it does not mean the rules are final.

What does the 30-day comment period do?

It gives the public and interested organizations a set window to provide feedback on the proposals. After that, the government can finalize the rules as drafted, revise them, or reconsider.

How does this relate to Bill C-12?

The June 2026 package is meant to help implement Bill C-12, which became law in March 2026. The regulations and RPD Rule changes fill in the working details needed to put that legislation into practice.

Should I wait for the final rules before getting advice?

No. Refugee timelines can be short, and the system is changing quickly. Getting advice early can help you understand your options and avoid missing a deadline, even while some rules are still being finalized.

Asylum reform in 2026 is a moving target, and it can be hard to tell which rules apply to your situation and when. If you are a claimant or you are helping a family member, Azimi Law would be glad to explain how the current and proposed changes may affect you — with no pressure and no promises about the outcome. You are welcome to reach out to discuss your circumstances.

Wondering how the 2026 changes affect you?

Asylum reform is a moving target. Get a clear, plain-language read on where you stand and what to watch.

Call 416-900-4128
Contact Azimi Law

This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.

If the Refugee Protection Division (RPD) has rejected your refugee claim, that decision can feel final. For many claimants it is not. The Refugee Appeal Division (RAD) exists to review certain RPD decisions and, in some cases, to correct them. Understanding whether you can appeal, how much time you have, and what the RAD will and will not look at can make the difference between a second chance and a missed one.

This guide explains, in plain language, who can appeal to the RAD, how the appeal generally works, the tight deadlines involved, the limited role of new evidence, and what can happen next. It is general information for people navigating Canada’s refugee system, not advice about any particular claim.

Treat the clock as already running from the moment you receive a refusal. RAD deadlines are short and come in two stages — filing and then perfecting the appeal — and missing either can end an appeal before it is heard.

Key takeaways

What the Refugee Appeal Division is

The RAD is a division of the IRB. When the RPD refuses a refugee claim, an eligible claimant can ask the RAD to review that refusal. A RAD member who was not involved in the original hearing looks at the case again. Importantly, the RAD is not simply a rubber stamp of the RPD, but it is also not usually a brand-new hearing. In most cases the RAD reviews the written record from the RPD and the arguments the parties submit.

The RAD generally assesses whether the RPD made an error — for example, in how it weighed the evidence, assessed credibility, or applied the law. A focused appeal that points to specific errors is usually more effective than a general disagreement with the outcome.

Who can and cannot appeal to the RAD

An important first question is whether you are even eligible to appeal to the RAD. Access to the RAD is restricted, and several categories of claimants are excluded. People who cannot appeal to the RAD are not left without a remedy — they can usually seek judicial review at the Federal Court instead — but the path is different.

Claimants who may be excluded from appealing to the RAD can include, among others:

Because the categories of who can and cannot appeal are technical and can change, it is important to confirm your own eligibility rather than assume the RAD is open to you. Getting advice quickly is wise given how short the deadlines are.

The deadlines: filing and perfecting

RAD appeals move quickly, and the process has two separate stages, each with its own time limit. First, you must file a notice of appeal within the set time after receiving the RPD’s written reasons. Then you must perfect the appeal by filing your appellant’s record — the documents and written arguments the RAD will rely on — within a further set period.

Missing either deadline can end an appeal before it is heard, although the RAD can, in limited circumstances, consider a request for more time. Because the specific number of days can change and depends on your situation, this guide does not state exact day counts. Confirm the current deadlines on the IRB’s website or with counsel as soon as you receive a refusal, and treat the clock as already running.

Stage What it involves Why it matters
File the appeal Submit a notice of appeal to the RAD after the RPD refusal Starts the appeal; a missed deadline can end it
Perfect the appeal File the appellant’s record with evidence and written argument This is where the case for appeal is actually made
RAD decision A RAD member reviews the record and any new evidence allowed Determines whether the refusal stands or is corrected

New evidence and the limits on the RAD

One of the most misunderstood features of a RAD appeal is that it is generally not a chance to start over with fresh evidence. The RAD normally decides on the basis of the record that was before the RPD. New evidence is allowed only in limited circumstances — for example, evidence that arose after the RPD rejected the claim, that was not reasonably available at the time, or that the claimant could not reasonably have been expected to present earlier.

If new evidence is accepted, the claimant may in some cases ask the RAD to hold an oral hearing, but this is the exception rather than the rule. Most RAD appeals remain paper-based. This is why the quality of the written appellant’s record — clearly identifying the RPD’s errors and supporting them with the existing record — tends to matter so much.

A RAD appeal is generally not a chance to start over with fresh evidence. Most RAD appeals remain paper-based, which is why the quality of the written appellant’s record — clearly identifying the RPD’s errors and supporting them with the existing record — tends to matter so much.

Possible outcomes

After reviewing the appeal, the RAD can generally do one of the following:

Which outcome is realistic depends heavily on the specific errors identified and the evidence in the record. No outcome is guaranteed, and each case turns on its own facts.

What happens after the RAD

If the RAD confirms the refusal, that is not necessarily the end of the road. The next step is usually to seek leave for judicial review at the Federal Court. Judicial review is not another appeal on the merits; the Court reviews whether the decision was reasonable and made fairly, rather than substituting its own view. The deadlines are also short, so acting promptly matters.

The 2026 backlog context

Refugee and immigration matters are under significant strain in 2026. Immigration files have grown into the large majority of the Federal Court’s caseload, with filings rising from roughly 6,400 in 2020 to more than 28,000 in 2025, and thousands more filed in the first quarter of 2026. Reports indicate that some hearings are being scheduled well over a year after leave is granted. The IRB itself continues to manage heavy volumes.

For a claimant, the practical lesson is that delay is common at every stage, which makes meeting your own deadlines all the more important — the parts of the timeline you can control are worth protecting. Because policy and procedure are changing quickly, confirm current rules and timelines on the IRB and canada.ca before relying on any general description.

Frequently asked questions

Is the RAD a new hearing where I can tell my story again?

Usually not. The RAD is generally a paper-based appeal decided on the record that was before the RPD. New evidence and an oral hearing are allowed only in limited circumstances. In many cases, the appeal succeeds or fails on the written arguments and the existing record.

What if I cannot appeal to the RAD?

Some claimants are excluded from the RAD. If that applies to you, you can generally still seek judicial review at the Federal Court. The Court reviews how the decision was made rather than re-deciding the claim, and it has its own short deadlines. Confirming which path is open to you early is important.

How long do I have to appeal?

RAD deadlines are short and come in two stages — filing and then perfecting the appeal — each with its own time limit. Exact day counts can change and depend on your circumstances, so confirm the current deadlines with the IRB or counsel right away. Treat the deadline as running from the moment you receive the refusal.

Can the RAD grant my refugee claim outright?

In some cases, yes. The RAD can substitute its own decision for the RPD’s, which may mean allowing the claim. In other cases it confirms the refusal or sends the matter back to the RPD for a new hearing. The outcome depends on the errors identified and the record.

Do I need a lawyer for a RAD appeal?

You are not required to have one, but RAD appeals are technical, deadline-driven, and turn on identifying specific legal or factual errors. Many claimants find it difficult to do this on their own, especially in a second language and under time pressure. Getting advice early can help you understand your options.

If your refugee claim has been refused and you are weighing an appeal to the RAD or a Federal Court challenge, the deadlines are short and the process is technical. Azimi Law helps people in Toronto and across Ontario understand their options after a refusal. If you would like guidance tailored to your circumstances, you are welcome to contact us to discuss your situation — there is no obligation and no guarantee of any particular outcome.

Weighing an appeal after a refusal?

RAD deadlines are short and the process is technical. Get a clear, plain-language read on your options.

Call 416-900-4128
Contact Azimi Law

This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.

If you are a refugee claimant in Canada, or you are helping someone who is, one of the most important 2026 developments is a new law that can keep certain claims from ever reaching the Immigration and Refugee Board (IRB). Bill C-12 became law in March 2026 and introduced two new ineligibility bars, often described as the “one-year” rule and the “14-day” rule.

This guide explains what these bars are, who they may affect, and what happens to a claim that cannot be referred to the Board. The rules are new and the surrounding legal debate is ongoing, so this is general information only. Because refugee deadlines are short and the stakes are high, it is important to get advice about your own circumstances quickly.

These bars turn on precise dates and border facts. Whether a bar applies depends on when a person first entered Canada, how they crossed the border, and when they made their claim — so careful attention to the facts is essential.

Key takeaways

What Bill C-12 changed

Bill C-12 carried forward asylum-related measures from earlier legislative efforts and became law on March 26, 2026. Among other things, it added two new circumstances in which a refugee claim will not be referred to the Immigration and Refugee Board. These are ineligibility bars: if one applies, the claim does not go to the Board’s Refugee Protection Division (RPD) for a hearing at all.

Both bars apply to claims made on or after June 3, 2025. Understanding whether a bar applies turns on precise dates — when a person first entered Canada, how they crossed the border, and when they made their claim — so careful attention to the facts is essential.

The one-year bar

Under the one-year bar, a refugee claim made more than one year after the person’s first entry to Canada is not referred to the IRB. This applies to entries after June 24, 2020. Notably, it can apply even if the person left Canada and later returned — the clock generally runs from the first entry.

The practical effect is that people who have been in Canada for some time before claiming may find that their claim cannot reach the Board, regardless of the strength of their underlying fear of return.

The 14-day bar

The second bar targets certain land-border crossings. If a person crossed between official ports of entry along the Canada–US land border, and then makes a refugee claim more than 14 days after crossing, the claim is not referred to the Board.

Bill C-12 did not change how the Safe Third Country Agreement applies. The 14-day bar is a separate measure focused on the timing of a claim after an irregular land-border crossing.

Feature One-year bar 14-day bar
What triggers it Claim made more than one year after first entry to Canada Crossing between ports of entry at the Canada–US land border, then claiming after 14 days
Relevant entry date Entries after June 24, 2020 Applies to the land-border crossing described
Claims covered Claims made on or after June 3, 2025 Claims made on or after June 3, 2025
Result Not referred to the IRB Not referred to the IRB

What happens if your claim is barred: PRRA instead of the RPD

Being barred from IRB referral does not mean a person is simply removed without any assessment of risk. Instead of a Refugee Protection Division hearing, a barred claimant’s risk is assessed through a Pre-Removal Risk Assessment. A PRRA considers whether the person would face risks such as persecution, torture, or a danger to life if returned.

A PRRA is a different process from an RPD hearing. It is often decided on paper, and the way risk is presented and documented can be critical. If a PRRA is refused, that decision can generally be challenged by way of judicial review in the Federal Court — which is one reason litigation has become more central for claimants affected by these bars.

Being barred is not the same as being removed without any assessment of risk. A PRRA still considers whether the person would face persecution, torture, or a danger to life if returned, and a refusal can generally be challenged in the Federal Court. The process is different, not absent.

Open work permits for some barred claimants

To address the situation of people whose claims cannot be referred to the Board, IRCC introduced a temporary public policy that grants open work permits to certain such claimants. Eligibility rules for this measure are specific and can change, so anyone who thinks they may qualify should confirm the current criteria on canada.ca or with counsel.

The wider legal debate

Measures that limit access to the Refugee Protection Division are significant, and they have prompted legal and policy discussion, including questions about how they interact with Canada’s obligations and the Charter. These debates are ongoing and unresolved. This article does not take a position on them; it simply notes that the law in this area is new and may be tested and clarified over time. Claimants should not assume the current rules are the last word, and should watch for developments and confirm the current state of the law.

Frequently asked questions

Does an ineligibility bar mean I will be removed right away?

No. A bar means your claim is not referred to the Immigration and Refugee Board, but your risk of return is generally assessed through a Pre-Removal Risk Assessment, and an unfavourable result can often be challenged in Federal Court. The process is different, not absent.

The one-year bar mentions leaving and returning — does re-entering reset the clock?

Generally no. The one-year period runs from a person’s first entry to Canada (for entries after June 24, 2020), so leaving and coming back does not typically restart it. Because the details matter, confirm how the rule applies to your specific travel history.

I crossed the land border between ports of entry. How quickly must I claim?

Under the 14-day bar, a claim made more than 14 days after crossing between ports of entry at the Canada–US land border is not referred to the Board. If this may apply to you, it is important to get advice promptly rather than waiting.

Can I work while my situation is sorted out?

A temporary IRCC public policy grants open work permits to certain claimants whose claims cannot be referred to the Board. Whether you qualify depends on specific criteria, which can change, so confirm the current rules on canada.ca or with a lawyer.

Is this law settled?

Bill C-12 is in force, but the surrounding legal questions are still being discussed and may be tested in the courts. Treat the current rules as the law today while recognizing that details may be clarified over time.

The new ineligibility bars turn on precise dates and border facts, and the consequences of being barred are serious. If you are worried that the one-year or 14-day rule may affect your claim, Azimi Law would be glad to talk through your circumstances and explain the options — without pressure and without promising any particular outcome. You are welcome to get in touch to discuss your situation.

Unsure whether a bar applies to your claim?

Refugee deadlines are short and the stakes are high. Get a clear, plain-language read on where you stand.

Call 416-900-4128
Contact Azimi Law

This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.