Canada’s Immigration Department is issuing letters to tens of thousands of refugee claimants, indicating they might not qualify for asylum — and advising some to depart without delay.
This action follows the enactment of a law by Ottawa last month that has made the application process for claimants more stringent.
“These are not deportation notices,” Immigration, Refugees and Citizenship Canada (IRCC) clarified in a statement to CBC News, confirming that approximately 30,000 applicants are receiving these letters.
“Procedural fairness letters are commonly utilized across various programs to allow applicants to present additional information prior to a decision being reached.”
This statement from IRCC marks the first instance of the legislation’s implications being disclosed to the public.
“I have concluded that your refugee protection claim may not be eligible for referral to the Refugee Protection Division of the Immigration Refugee Board of Canada,” stated a letter obtained by CBC News, sent to an applicant by an IRCC case processing officer.
This correspondence indicates that the applicant entered Canada in 2024 and submitted their claim over a year later.
Bill C-12 imposes a retroactive restriction on those who arrived in Canada more than a year prior to filing claims with the IRB, being applicable from June 24, 2020, to claims submitted on or after June 3, 2025.
Immigration, Refugees and Citizenship Minister Lena Metlege Diab oversees the implementation of the government’s law that tightens the asylum process. (Adrian Wyld/The Canadian Press)
The letter from the case officer indicates that the applicant can provide additional information or evidence regarding their entry circumstances within the next 21 days.
IRCC stated that such details “may be significant when evaluating their eligibility” for referral to the IRB.
The IRCC also pointed out that “individuals whose claims are not referred” can still fill out a pre-removal risk assessment (PRRA) form, which a case officer can review to make a determination.
Lawyers concerned about the written process replacing hearings
However, immigration attorneys consulted by CBC News expressed that forms do not provide applicants with the same opportunities as in-person hearings.
“Articulating your case and illustrating the risks you face, along with your personal circumstances, is fundamentally different on paper compared to presenting before a decision-maker,” remarked Adam Sadinsky, vice-president of the Canadian Association of Refugee Lawyers.
He noted that the lack of hearings eliminates chances to clarify potential discrepancies in testimony, “which will likely result in incorrect decisions.”
“There is no member [of the IRB] present to hear you, to observe your demeanor, or to see your fear,” added Lida Berenjian, a Toronto-based immigration attorney.
Berenjian identified three significant issues with the legislation from her perspective.
She mentioned witnessing instances where applicants who initially arrived in Canada prior to the retroactive date received letters due to leaving the country and re-entering after June 2020.
She also pointed out instances of families being separated by the law, where some family members received letters while others did not.
Additionally, she raised concerns about potential fraud, with some immigration lawyers or consultants charging fees to assist with PRRA forms, even in cases where clients might not have access to that process.
“Every day, I receive 200, 300, 400 requests for assistance,” she stated.
Certain letters instruct immediate departure
Another type of form letter reviewed by CBC News informs applicants that “your claim for refugee protection is not eligible for referral to the Refugee Protection Division of the Immigration and Refugee Board of Canada.”
Adam Sadinsky from the Canadian Association of Refugee Lawyers highlights concerns regarding the limitation on the ability for asylum seekers to submit applications after one year. (CBC)
This letter cites a section of immigration law modified by C-12, which specifically targets claimants who entered Canada at locations along the U.S. land border that are not designated as regular entry points and took longer than 14 days to file an asylum claim.
“You must exit Canada at your earliest convenience and confirm your departure with the Canada Border Services Agency,” warns the letter. “Failure to leave Canada may result in a deportation order against you.”
The letter also mentions that the applicant “may qualify to submit a PRRA.”
Sadinsky affirmed that individuals have a constitutional right to a PRRA before leaving Canada.
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“[The letter] could mislead many claimants, prompting them to leave immediately, while in reality, they possess the constitutional right to a risk assessment,” he stated.
He also expressed concerns regarding the unavailability of PRRAs for applicants hailing from one of the 22 countries that Ottawa currently refrains from deporting individuals to due to safety concerns.
Applicants classified as ineligible for asylum would not be sent to any location on that list, nor would they have access to a PRRA, according to Sadinsky, resulting in some individuals being left in a state of uncertainty, unable to reunite with their families or apply for certain benefits, based on their province or territory of residence.