Bill C-12 Litigation and Refugee Claim Ineligibility Vancouver
Bill C-12
Has Your Refugee Claim Been Found Ineligible Under Bill C-12?
Being told that your refugee claim cannot proceed to a hearing can leave you uncertain about your safety and future in Canada.
Szikinger Immigration Law assists individuals affected by Bill C-12’s refugee eligibility restrictions. We review the decision, explain your options, and assess whether an application to the Federal Court is appropriate.
Contact us to discuss your decision and next steps.
What is Being Challenged?
Bill C-12 introduced new restrictions on which refugee claims can be referred to the Immigration and Refugee Board. These include restrictions relating to the time between entering Canada and making a refugee claim, and certain claims following entry from the United States between official border crossings.
An ineligibility decision is different from a decision rejecting your claim after a refugee hearing. It can prevent your claim from reaching that hearing in the first place.
The Federal Court is considering constitutional challenges to these restrictions. Whether the litigation applies to you depends on the legal basis for your decision and your individual circumstances.
How The Federal Court Process Works
The Court has placed these challenges under special case management. This means designated judges coordinate cases raising common legal questions.
The process provides for selecting up to 10 representative cases to address those questions. Other applications covered by the orders remain on pause while those issues are resolved, subject to further Court directions.
How Could The Litigation Help You?
A successful ruling on an issue affecting your case could provide a basis for setting aside your ineligibility decision and returning your matter to the Immigration and Refugee Board for a hearing.
The effect will depend on the ruling, your circumstances, and any further Court directions. Success in a representative case does not automatically grant refugee protection or permanent residence.
How We Can Assist
We can help you:
- Understand why your refugee claim was found ineligible.
- Assess whether your case falls within the C-12 litigation.
- Review filing deadlines and whether an extension of time is needed.
- Prepare and file an Application for Leave and Judicial Review.
- Assess whether to request an anonymity order to protect your identity.
- Monitor Court directions and explain developments affecting your application.
We explain the proposed scope of representation and fees before you decide whether to retain us.
Frequently Asked Questions
Should I wait for the representative cases to be decided?
Seek advice promptly after receiving an ineligibility decision. Do not assume that the pause in existing proceedings removes the need to file your own application or address a missed deadline. We can assess what steps are necessary in your circumstances.
Does filing a Court application stop my removal?
Do not assume that filing an application or having it placed on pause prevents removal. If you receive a removal notice or instructions from CBSA, obtain advice immediately so that any necessary additional steps can be assessed.
Can my identity be protected?
An anonymity request may be available under the Court’s special process. We can assess the request and explain its scope, including which Court documents it covers.
What should I provide for a consultation?
Please have available:
- Your ineligibility decision and accompanying correspondence.
- The date and manner in which you received the decision.
- Your Canadian entry dates and refugee claim submission date.
- Any IRCC, IRB or CBSA correspondence, particularly removal-related documents.
How long will the litigation take?
The timetable depends on the Court’s directions and the progress of the representative cases. We will explain the current stage and keep you informed of developments relevant to your file.
Book a Consultation
If your refugee claim has been found ineligible under Bill C-12, contact Szikinger Immigration Law to arrange a consultation. We will review your documents and explain the available next steps.
*Information current as of September 22, 2026. This page provides general information and is not legal advice.