October 1, 2026
People whose refugee claims have been found ineligible under Bill C-12 face an important question: what does the ongoing constitutional litigation mean for their own case?
The Federal Court has established a coordinated process for challenges to the new eligibility restrictions. Affected claimants should obtain advice promptly about preserving their individual right to judicial review.
Bill C-12 received royal assent on March 26, 2026. The new eligibility restrictions apply to refugee claims made on or after June 3, 2025.
One provision, paragraph 101(1)(b.1) of the Immigration and Refugee Protection Act, makes a claim ineligible for referral to the Refugee Protection Division where the claimant entered Canada after June 24, 2020 and claimed protection more than one year after entry. Where there have been multiple entries after that date, the legislation measures the period from the first entry.
A separate provision, paragraph 101(1)(b.2), concerns claims made after the prescribed period following entry between official ports along the Canada–United States land border. These provisions concern access to the refugee determination process; an ineligibility finding is not itself a decision on whether the person faces persecution.
The Court is organizing representative cases
Orders dated August 20 and August 28 place constitutional challenges to these provisions into common case management. Non-representative applications are held in abeyance while common issues proceed through selected cases.
Five lead cases coordinate the process. Proposals identifying common legal issues and up to ten representative cases are due October 1, 2026. Other applicants may submit limited alternative proposals by October 15. The Court will then select the representative cases and establish their schedule. These procedural orders do not decide whether the provisions are constitutional.
Do not assume the pause extends the deadline to start your case
For a matter arising in Canada, section 72 of the IRPA ordinarily requires an Application for Leave and Judicial Review (ALJR) to be filed and notice served within 15 days after the applicant is notified of the decision. A judge may extend time in some circumstances, but an extension is not guaranteed.
Although the August 20 order broadly suspends timelines, it does not state that the statutory deadline for commencing a new ALJR is extended. Claimants should preserve that deadline by filing an ALJR within 15 days of receiving an ineligibility decision.
Constitutional grounds require attention to individual circumstances
Charter protections potentially relevant to a challenge include section 7, which protects life, liberty and security of the person; section 12, which protects against cruel and unusual treatment or punishment; and section 15(1), which protects equality without discrimination.
For someone considering a challenge, useful information includes when they entered Canada, when they claimed protection, why they claimed when they did, and whether their circumstances or the conditions in their country changed after arrival.
Applicants concerned about public identification can request an anonymity order. The August 20 order provides provisional anonymization of subsequently prepared Court documents pending the leave decision; it does not automatically seal the entire file.
If you receive an ineligibility decision, keep the decision letter, the message or envelope delivering it, and records showing when you received it. Seek advice promptly about an ALJR, any extension request, and any separate steps needed to address removal.
Contact us for a consultation
If your refugee claim has been found ineligible under Bill C-12, or you are concerned about how these restrictions may affect you, contact us to book a consultation. We can review your circumstances, explain your options, and advise you on applicable deadlines and next steps.
This post provides general information current to October 1, 2026. The appropriate steps depend on the circumstances of each case and any subsequent Court directions.