Refuge in Canada – Proposed Legislation

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Another pathway to immigrate to Canada is through the refugee or protected person program. As a country with a vast territory, a relatively small population (40 million people), and a stable economy, Canada has been committed for decades to welcoming individuals facing danger or persecution.

In my professional practice, many people have contacted me to assess their eligibility to qualify as a refugee or protected person in Canada. Speaking about refugee claims is a serious topic, often involving complex and difficult personal stories. To understand the refugee system in Canada, we must first understand who qualifies for it.

Refugee protection is available to individuals who face persecution, torture, violence, or a risk of death in their home country due to reasons such as race, religion, profession, or belonging to a particular community (e.g., LGBTQ+).

A person can apply for refugee protection either from within their country of origin or while physically present in Canada. When submitting a claim, it is essential to provide strong and credible evidence of the danger they face. Certain socioeconomic conditions—such as lack of access to healthcare or unemployment in the country of origin—are not considered grounds for refugee protection. It must also be proven that the danger exists throughout the entire country, not just in specific cities or regions.

Bill C-2: What Is Changing?

On June 4, 2025, the Government of Canada introduced Bill C-2, a proposed law that would automatically reject refugee claims made more than 12 months after the claimant arrived in Canada.

This change is a response to the sharp increase in refugee claims submitted by international students. In 2024 alone, over 20,000 students applied for refugee status, raising concerns about the credibility of some claims and placing additional strain on the immigration system.

Why Does the Timing of the Claim Matter?

In legitimate cases, refugee claims are usually made immediately upon arrival in Canada. Individuals who are truly fleeing imminent danger do not wait a year or more before seeking protection.

The proposed legislation aims to ensure the refugee system is focused on those in genuine need, rather than being used as an alternative immigration pathway by those who already have other legal options available.

Currently, the refugee process in Canada can take between 3 and 5 years to be resolved. During this period, it is strongly advised not to leave Canada or travel back to the country of origin, as this could undermine the case.

If you have any questions or comments, feel free to reach out to us.