Open Access Research Article
BILL C-12 AND THE NEW ASYLUM RULES: ELIGIBILITY, ADMINISTRATIVE GATEKEEPING AND PROTECTION AFTER CANADA'S 2026 BORDER OVERHAUL
Abstract
Abstract.
The Strengthening Canada's Immigration System and Borders Act, S.C.
2026, c. 4 (Bill C-12), materially alters Canada's refugee-claim architecture.
This article examines four connected reforms: new temporal grounds of
ineligibility under IRPA s. 101; a more structured pre-referral process;
physical-presence and abandonment rules; and expanded information-sharing and
public-interest authorities. It argues that Bill C-12 moves legal risk
upstream. Questions once treated primarily as matters of scheduling, intake or
post-filing administration can now determine whether a claimant reaches the
Refugee Protection Division at all. The paper identifies likely sites of
statutory, procedural-fairness and Charter litigation, while emphasizing that
ineligibility is analytically distinct from the substantive need for protection and from access to a pre-removal
risk assessment.
Published Paper
Author Details
Authors: OGHENEHORO EVI ENI
Registration ID: 1013120 | Published Paper ID: IJLRA13120
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 355-364
Article Information
BILL C-12 AND THE NEW ASYLUM RULES: ELIGIBILITY, ADMINISTRATIVE GATEKEEPING AND PROTECTION AFTER CANADA'S 2026 BORDER OVERHAUL
Authors: OGHENEHORO EVI ENI
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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