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Canada: Asylum Seekers And Migrants At Risk

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In June 2025, the Canadian government introduced Bill C-2, misleadingly called the “Strong Borders Act”, in Parliament. The bill proposed sweeping changes to existing rules around border security, immigration, asylum, customs and law enforcement. In the face of strong criticism from the opposition party regarding the expansion of data-sharing and concerns about infringement on the right to privacy for Canadians, in October 2025 the government introduced Bill C-12, intended to push through the aspects of Bill C-2 related to refugees and immigration. Bill C-2 also continues to advance through Parliament . 

If passed, Bill C-12 would: 

•    Make the following people ineligible to have their claim for refugee protection referred to the Immigration and Refugee Board:

o    People who make a claim for protection more than one year after the day of their first entry to Canada, regardless of whether their circumstances changed or their place of origin becomes dangerous after arrival.

o    People who manage to cross into Canada between ports of entry and make a claim for protection after 14 days (people are forced to cross in such a manner because of the Safe Third Country Agreement). 

•    Instead, they would be pushed into a lesser system (a Pre-Removal Risk Assessment, or PRRA), which does not guarantee the constitutionally protected right to an oral hearing, does not have independent or specialized decision makers, does not have an avenue for appeals, and does not automatically prevent deportation if a decision is being challenged. As a result, people could be at risk of deportation to places where their lives and safety are at risk. 

•    Give sweeping powers to the federal government to cancel valid immigration documents, including permanent residence visas and work and study permits, based only on vague claims of “public interest” and without due process or individual assessments. 

All individuals have the universal human right to seek asylum from persecution and other serious human rights violations. All individuals also have the right not to be returned to places where their life or freedom may be endangered or where they would be at risk of torture or cruel, inhuman or degrading treatment or punishment, regardless of their migration status. This principle, known as non-refoulement, is a protection under customary international, human rights, refugee, and humanitarian law, and requires states to refrain from returning, removing or transferring anyone in any manner whatsoever to their countries of origin or any other location where they would be at real risk of serious human rights violations or abuses.

The changes proposed in Bill C-12 risk violating people’s rights under international law. At a time when countries around the world are increasingly adopting asylum and migration policies which criminalize, stigmatize and punish people seeking safety in violation of their international human rights obligations, the Canadian government must not turn its back on those seeking international protection. The Canadian government must protect the rights of people seeking safety and withdraw Bill C-12 immediately.  

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