General information only — not legal advice. Immigration rules change often. Confirm details on the official Government of Canada (IRCC) or provincial website, and speak with a licensed immigration consultant (RCIC) or lawyer about your situation.
Introduction to Asylum Procedure Updates
Effective November 3, 2026, Canada has implemented updates to its in-Canada asylum system. These changes follow the Strengthening Canada’s Immigration Systems and Borders Act, which received Royal Assent on March 26, 2026. The updates include new and revised instructions for processing asylum claims, affecting both Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). The reforms introduce changes to intake procedures, Ministerial reviews, and interventions, as well as referrals to the Immigration and Refugee Board (IRB).
New Instructions for Pre-Referral Withdrawals
The reforms introduce a process for pre-referral withdrawals and reinstatements of refugee claims. Claimants can now withdraw their claims at various stages, with the process and consequences differing depending on the stage of the claim. The legislative amendments allow for Ministerial withdrawal and reinstatement under subsection 102.2(1) and 102.2(2) of the Immigration and Refugee Protection Act (IRPA). Administrative withdrawals are possible before the eligibility determination, while Ministerial withdrawals apply post-eligibility but before referral to the Refugee Protection Division (RPD).
Updated Intake Procedures for Refugee Claims
The intake process for refugee claims has been updated to require claimants to make their claims in person, rescinding the previous temporary public policy that allowed claims to be made without an in-person meeting. Claimants must now initiate the process online through the IRCC Portal and complete the application in person. This change is effective as of November 3, 2026, and affects how claims are initiated and processed within Canada.
