Canada has enacted stricter asylum regulations following a sharp rise in refugee claims, particularly from Indian nationals, in a move aimed at curbing misuse of its immigration system and easing pressure on authorities.
The new legislation, part of the Immigration System and Borders Act (Bill C-12), came into force on March 26 after receiving royal assent. The Canadian government said the changes are designed to “reduce pressure on the asylum system” and prevent people from using refugee claims as an alternative pathway to regular immigration.
A key provision of the law makes individuals ineligible for a full asylum hearing if they apply more than one year after entering Canada. This rule applies to those who arrived on or after June 24, 2020. Such cases will no longer be referred to the Immigration and Refugee Board, significantly reducing the chances of obtaining refugee status.
However, applicants will still be eligible for a pre-removal risk assessment to determine whether they face threats such as persecution or torture if deported.
The move comes against the backdrop of a dramatic increase in asylum claims by Indian nationals. According to official data cited in reports, claims rose from just 380 in 2015 to over 32,000 in 2024, with a large number of applications coming from individuals already residing in Canada.
Experts attribute the surge partly to tightening immigration pathways, including changes to post-study work permits, which left many international students with limited options to extend their stay. Some then turned to the asylum system to maintain legal status, contributing to a growing backlog.
The new law also grants broader powers to the federal government, allowing it to cancel, suspend or modify immigration documents such as visas, study permits and work permits, and to pause or limit application processing under certain conditions.
Officials argue that these measures will help streamline processing and strengthen border control, while critics warn they could adversely affect genuine refugees by restricting access to fair hearings. Human rights groups have expressed concern that stricter eligibility rules may lead to vulnerable individuals being returned to unsafe conditions.
The impact is expected to be significant for Indian nationals, who form one of the largest groups of international students and migrants in Canada, making them particularly vulnerable to the tightened norms.
