One of the most stressful experiences for a person is receiving a letter from Immigration, Refugees and Citizenship Canada (IRCC) stating that their refugee claim is ineligible. You may have been living, working or studying in Canada for months or even years. You might have thought that your claim was on the right track. And now you are holding a document that says that the process will not go the way you expected.
Approximately 30,000 people across Canada have been receiving this type of correspondence since Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, received Royal Assent on March 26, 2026. If you are among them, here is a clear, practical guide to what comes next.
Understand What Kind of Letter You Received
Not every communication from IRCC regarding your claim is a final decision. IRCC has been sending out two types of correspondence under Bill C-12, and understanding which one you received determines how you need to respond.
The first type is a Procedural Fairness Letter (PFL), which indicates that IRCC is considering finding your claim ineligible and is giving you the opportunity to make submissions before reaching a final decision. This is your chance to respond, and responding carefully is important.
The second type is a letter that clearly indicates that your claim is ineligible. The letter will notify you that you are being referred to the Canada Border Services Agency (CBSA) for removal proceedings and that you may be able to make a Pre-Removal Risk Assessment (PRRA) application.
If you have received either of these letters, then the clock is already ticking. Immigration deadlines are strict, and failing to meet them can result in the loss of important rights.
Do Not Delay: Get Legal Help Immediately
The first and most critical step upon receiving an ineligibility letter or a Procedural Fairness Letter is to obtain legal representation. These proceedings have strict deadlines, legal technicalities and other procedures which may be hard to navigate without professional assistance.
For example, a response to a Procedural Fairness Letter should be a well-thought-out legal and factual argument explaining why the ineligibility finding is incorrect, or why the situation is applicable to different treatment. A poorly written response could foreclose options that could have been available.
Legal Aid Ontario, for example, has confirmed that it will continue to issue certificates for clients affected by Bill C-12, including for Basis of Claim (BOC) preparation and PRRA applications. However, if you cannot afford private legal representation, it is essential that you explore whether you qualify for legal aid.
File Your Basis of Claim Form Even If You Expect to Be Found Ineligible
This may seem a bit counterintuitive, but as of April 2026, IRCC continues to require inland claimants to present a Basis of Claim (BOC), applied through the IRCC portal, even if they will ultimately be found ineligible under the new bars.
This is important because the BOC is a procedural step that is completed and filed in order to gain access to the PRRA process. Without it, you could be denied access to the last protection pathway that remains. A lawyer can assist you in creating a solid BOC narrative that clearly and accurately describes your situation and risk.
Understand the PRRA Process
When your claim is deemed to be ineligible, CBSA gets involved. The CBSA officer will determine if you are eligible to apply for a Pre-Removal Risk Assessment. If you are found to be eligible, CBSA will inform you, and your removal order will be put on hold until your PRRA application is pending.
The PRRA is a paper-based filing system. An IRCC officer will assess whether you are likely to face persecution, torture, or cruel and unusual treatment or punishment if you are returned to your country. Unlike the IRB process, the PRRA does not involve an oral hearing, and there is no right to call witnesses or present evidence in person. Moreover, in some cases, a hearing may be held, but this is not standard.
If your PRRA is approved, you may receive refugee protection and a path to permanent residence. A judicial review is available in the Federal Court, but it must be filed within 15 days of the decision in inland cases. This is an extremely short time frame, and already having a lawyer on your side will make it much easier to meet the deadline.
Know Your Work Permit Rights During This Period
For many of the affected claimants, a major practical issue is whether they have work authorization. A work permit tied to the PRRA process is not readily available until CBSA formally informs the claimant that they can apply for a PRRA. This created a gap period during which claimants had no work authorization.
In response, IRCC implemented a temporary public policy that came into effect on receiving the Royal Assent on March 26, 2026. This policy permits foreign nationals whose refugee claims have been found ineligible to obtain or maintain open work permits until their PRRA notification arrives. It also ensures that some existing work permits are not automatically cancelled upon issuance of a removal order.
If you have received an ineligibility finding and either currently hold a work permit or need to apply for one, this temporary policy applies to your situation and should be discussed with your legal representative.
Consider Constitutional Challenges
It is important to know that there is some legal debate surrounding Bill C-12. The new eligibility bars have been criticized by the Canadian Association of Refugee Lawyers (CARL) and other organizations as infringing on the right to life, liberty and security of the person as per Section 7 of the Canadian Charter of Rights and Freedoms. The United Nations Human Rights Committee has also published that the law could undermine refugee protection.
An individual may not necessarily be able to pursue a constitutional challenge, but it is important to remain informed about the legal landscape. The outcome’s implications for the status of claims already in the pipeline could be affected if Bill C-12 is found unconstitutional.
A Summary of Steps to Take
If IRCC has notified you that your claim is ineligible, or if you have received a Procedural Fairness Letter, the steps to follow include:
Obtain legal help immediately
- Respond to any Procedural Fairness Letter before the deadline
- File your Basis of Claim form to IRCC through the online portal
- Wait for CBSA to contact you regarding PRRA eligibility
- Apply for a work permit under the temporary public policy
- Prepare a detailed PRRA application with your legal representative
Each step is connected to the next. Any delays can have significant consequences.
Frequently Asked Questions
- I received a Procedural Fairness Letter, but have not been found ineligible yet. Do I need to respond?
Yes, absolutely. A Procedural Fairness Letter gives you the opportunity to submit arguments before a final decision. Failing to respond or responding inadequately may result in an ineligibility finding that could have been avoided with a proper submission. - What happens to my case if I ignore the letter and do nothing?
Ignoring the letter will not stop the process. IRCC will proceed to make an ineligibility determination without your input, and you could be referred to CBSA for removal. Acting promptly and substantively is far better than inaction. - If my PRRA is refused, is there anything else I can do?
Yes. You may apply to the Federal Court for judicial review of the PRRA decision. The deadline to file is typically 15 days from the date you receive the decision, so you must act quickly. A successful judicial review can result in the matter being sent back for re-determination. - Can I stay in Canada while my PRRA application is being processed?
Yes. Once CBSA notifies you that you may apply for a PRRA, your removal order is stayed until a decision is made. This means you cannot be removed from Canada during that period. - Does having a Canadian-born child or a Canadian citizen spouse help my case?
Humanitarian and compassionate (H&C) factors, including family ties in Canada, may be relevant to certain proceedings. While H&C considerations do not directly override the new ineligibility bars, they can be raised in a PRRA and in any Federal Court proceedings. A legal professional can advise you on how your specific circumstances might be presented. - My claim was referred to the RPD before Bill C-12 passed. Can IRCC still cancel it?
Yes. The new eligibility bars apply retroactively to claims made on or after June 3, 2025, including those already referred to the Refugee Protection Division. If you received a Procedural Fairness Letter after your claim was already before the RPD, your case is still subject to the new rules.
