Before a refugee claim in Canada can be heard by the Refugee Protection Division (RPD), an officer (from IRCC or CBSA) must determine whether the claim is eligible to be referred to the RPD. IRPA s 101 sets out a series of grounds on which a claim must be found ineligible. If a claim is ineligible, it is not referred to the RPD for a hearing on the merits.

An ineligibility finding is distinct from a negative decision on the refugee claim itself — it means the claim will not be assessed by the RPD at all. Ineligible claimants are not automatically removed from Canada; they retain access to the Pre-Removal Risk Assessment (PRRA) process before removal, and since 2025, those found ineligible under certain new grounds are also eligible for a work permit once they are notified of their PRRA eligibility.

Important: Bill C-12 — the Strengthening Canada's Immigration System and Borders Act — received royal assent on March 26, 2026, and introduced significant new ineligibility grounds that apply to claims made on or after June 3, 2025. Practitioners must be aware of these changes when advising clients.

• IRPA s 101 — the provision setting out all eligibility requirements and bars
• IRPA s 102 — designation of countries under the Safe Third Country Agreement
• Bill C-12 (Strengthening Canada's Immigration System and Borders Act) — royal assent March 26, 2026; introduced the one-year ineligibility and other asylum reform measures. See the IRCC announcement.
• Canada-US Safe Third Country Agreement — the bilateral agreement designated under s 102, applicable at the land border with the United States

Grounds of ineligibility under IRPA s 101

A refugee claim is ineligible to be referred to the RPD if any of the following grounds apply:

• Recognition in another country (s 101(1)(a)): The person has been recognised as a Convention refugee by a country other than Canada and can be sent or returned to that country. If a person has been recognised elsewhere and can access that protection, they do not need Canadian protection.
• Safe Third Country (s 101(1)(b) — STCA): The person came to Canada directly from, or transited through, a country designated under the Safe Third Country Agreement — currently the United States — and is seeking protection at or between land ports of entry on the Canada-US border. Following 2023 changes, the STCA applies across the entire land border, not just at official ports of entry. Exceptions apply (family members in Canada, unaccompanied minors, and certain public interest cases).
• Previous claim determined ineligible (s 101(1)(c)): The claim has been previously determined ineligible to be referred to the RPD.
• Previous claim rejected, withdrawn, or abandoned (s 101(1)(c.1)): A previous claim has been rejected by the RPD, withdrawn, or declared abandoned.
• Inadmissibility — security/human rights violations/organized crime (s 101(1)(e)): The person is named in a security certificate or is inadmissible on grounds of security, human rights violations, or organised crime under ss 34, 35, or 37.

The 2026 one-year ineligibility (Bill C-12)

Bill C-12 introduced a significant new ineligibility ground that came into effect for claims made on or after June 3, 2025:

• A refugee claim is ineligible if it is made more than one year after the person's first entry into Canada after June 24, 2020
• This ground applies regardless of whether the person has since left Canada and returned — the clock runs from the first entry after that date
• The purpose of this change is to reduce pressure on the asylum system and deter persons from using asylum claims as a long-delayed fallback after extended stays in Canada on other status

Exceptions to the one-year rule:

• Unaccompanied minors are exempt from this ineligibility under a public policy published by IRCC
• Other exceptions may be published; practitioners should check the IRCC public policies page for current exceptions

What happens if a claim is ineligible?

An ineligible claim is not referred to the RPD. The person does not receive a hearing before the RPD on the merits of their refugee claim. However:

• The person may apply for a PRRA (Pre-Removal Risk Assessment) before removal — a PRRA assesses the risk of removal (torture, risk to life, cruel and unusual treatment) but is a more limited process than a full RPD hearing. For persons found ineligible under the new Bill C-12 grounds, the PRRA process is the primary protection mechanism.
• Persons found ineligible under the new ineligibility grounds are eligible to apply for an open work permit once they are notified that they are eligible for a PRRA — this allows them to work lawfully while awaiting PRRA processing
• The non-refoulement obligation continues to apply — Canada cannot remove a person to a country where they face a risk of persecution, torture, or death, regardless of ineligibility

Full current information is published on the IRCC ineligible asylum claims information sheet.

The one-year ineligibility introduced by Bill C-12 represents one of the most significant changes to Canada's asylum system in recent years. It applies to a large number of persons who have been in Canada for more than a year before making a claim. Practitioners advising recent entrants to Canada who may have a protection need should assess eligibility under both the pre-Bill C-12 and post-Bill C-12 frameworks, depending on when the claim was or will be made.

The Safe Third Country Agreement and its application across the full Canada-US land border (since 2023) has been the subject of ongoing constitutional litigation. Practitioners should monitor the Federal Court and Federal Court of Appeal for current developments regarding the STCA's validity and scope.

For persons found ineligible, legal advice should be sought promptly regarding the PRRA process and any other available options — including H&C applications under IRPA s 25.