This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions.
What Happens After Your Refugee Claim Is Found Ineligible Under Bill C-12?
Quick Answer
- If your refugee claim is found ineligible under Bill C-12, it will not be sent to the Immigration and Refugee Board (IRB) for a hearing — instead, you may be referred to the Pre-Removal Risk Assessment (PRRA) process.
- A PRRA is a written assessment by an IRCC officer that evaluates whether you would face persecution, torture, risk to life, or cruel and unusual treatment if removed from Canada to your home country.
- You can only apply for a PRRA after the Canada Border Services Agency (CBSA) formally notifies you that you are eligible to apply — typically at your removal interview after the removal order becomes enforceable.
- Once CBSA notifies you, you typically have 15 days to submit your PRRA application form (IMM 5508E) and an additional 15 days (30 days total) to file your written submissions and supporting evidence.
- Missing either deadline can result in the loss of your right to a PRRA and may trigger immediate removal proceedings — legal representation is strongly recommended at this stage.
If You Just Received a Letter About Your Refugee Claim, Read This First
Receiving a letter from Immigration, Refugees and Citizenship Canada (IRCC) about your refugee claim can be deeply unsettling. You built a life here. You followed the process as you understood it. And now you are being told that your claim may not qualify for a full hearing.
Since March 26, 2026, when Bill C-12 — officially the Strengthening Canada's Immigration System and Borders Act — received Royal Assent, IRCC has sent procedural fairness letters (PFLs) to approximately 30,000 refugee claimants across Canada whose claims may now be ineligible under the new law. Many of those claimants are in Ontario, including former international students, temporary foreign workers, and people who crossed the Canada–U.S. land border. You are not alone in facing this situation.
What you need right now is clear, honest information about what comes next: specifically, what the PRRA process is, what your rights are, and what deadlines you cannot afford to miss. This article covers all of that. If at any point you feel you need to speak with an immigration lawyer in Toronto before reading further, that is always a sound first move.
Which Situation Describes You? Find Your Starting Point
Path A — PFL Received
I received a Procedural Fairness Letter but no decision yet. You may still respond. The PFL response window is typically 21 days. Seek legal help immediately.
Path B — Ineligibility Decided
My claim has been formally found ineligible. Your removal order is in force or becoming enforceable. Go directly to the Step-by-Step Roadmap section below.
Path C — CBSA Notification Received — Urgent
I have already received my CBSA PRRA notification letter. The 15-day clock has started. Contact Nihang Law today and go directly to Step 4 of the roadmap below.
PRRA vs. IRB Refugee Hearing: What You Have Lost and What You Still Have
A Pre-Removal Risk Assessment (PRRA) is not the same thing as a refugee hearing before the Immigration and Refugee Board of Canada (IRB), and the differences are significant. Understanding what you no longer have access to — and what protection you still do have — is essential before you move forward.
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PRRA vs. IRB Refugee Hearing: Side-by-Side Comparison
Key differences between the two protection processes under Canada’s Immigration and Refugee Protection Act (IRPA)
| Factor | IRB Refugee Hearing (RPD) | PRRA (Pre-Removal Risk Assessment) |
|---|---|---|
| Decision-maker | Independent member of the Refugee Protection Division (RPD) — not a government employee | IRCC officer — a government employee, not independent of the government making the removal decision |
| Process type | Oral hearing — you appear in person, give testimony, and respond to questions | Paper-based — the officer reviews only written submissions; oral hearings are rare exceptions |
| Evidence standard | Full refugee determination under the Refugee Convention — well-founded fear of persecution on 5 grounds | Narrower — risk of persecution, torture, risk to life, or cruel and unusual treatment if removed (IRPA ss.112–116) |
| Typical timeline | 12–24 months (subject to IRB backlog) | 3–12 months from submission (removal typically stayed) |
| Outcome if positive | Convention Refugee status or person in need of protection — pathway to permanent residence | Refugee protection granted — also a pathway to permanent residence |
| If refused — appeal | Appeal to the Refugee Appeal Division (RAD) — a full merit review | No appeal — must seek leave for judicial review at Federal Court (strict deadlines apply) |
| Bill C-12 impact | No longer available for claimants caught by the one-year or 14-day ineligibility rules | Now the primary protection process for ~30,000+ claimants diverted by Bill C-12 (Royal Assent: March 26, 2026) |
Source: IRPA ss.96–116; Government of Canada — canada.ca PRRA overview · Nihang Law Professional Corporation · Law Society of Ontario
The most important thing to understand is this: a PRRA is a narrower, paper-based process. There is typically no oral hearing, which means you cannot answer an officer’s questions directly or clarify evidence in real time. The decision rests almost entirely on the quality and strength of your written submissions.
A positive PRRA decision can still result in refugee protection being granted, and from there you may be eligible to apply for permanent residence. If your PRRA is refused, you may be able to seek a judicial review at Federal Court — but that process has its own strict deadlines and requires legal representation.
Your PRRA Roadmap: Step by Step After a Bill C-12 Ineligibility Finding
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1
The Ineligibility Decision Is Made
IRCC — not the Canada Border Services Agency (CBSA) — makes the formal ineligibility decision under sections 101(1)(b.1) or (b.2) of the Immigration and Refugee Protection Act (IRPA). These are the two new grounds added by Bill C-12: the one-year rule (filing more than one year after your first entry into Canada after June 24, 2020) and the 14-day rule (entering between ports of entry along the Canada–U.S. land border and waiting more than 14 days to claim).
When the ineligibility decision is made, a removal order is issued at the same time. Seven days after that decision, the removal order comes into force.
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2
You May Receive a Refugee Protection Identity Document
If IRCC determines that you may later be eligible to apply for a PRRA, you may receive a Refugee Protection Identity Document (RPID). An RPID is an official identity document issued to claimants who have been found ineligible for an IRB hearing but may still have access to the PRRA process.
Holding an RPID may help you access certain services, including health coverage under the Interim Federal Health Program (IFHP), while you wait. It does not, on its own, give you the right to apply for a PRRA — that notification comes later from CBSA.
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3
The Removal Order Becomes Enforceable
Seven days after the ineligibility decision, your removal order comes into force. Once it is also enforceable, you typically have 30 days to voluntarily leave Canada. If you choose to leave, you must contact the CBSA removals line at 1-833-995-0002 to confirm your departure.
If you do not confirm your departure, or if you leave more than 30 days after the removal order becomes enforceable, you may need to obtain an Authorization to Return to Canada (ARC) and pay a processing fee if you wish to return in the future.
⚠️Do not leave Canada without first getting legal advice about your eligibility for a PRRA. Leaving voluntarily before receiving your PRRA notification may affect your ability to access the process. -
4
CBSA Removal Interview and PRRA Notification
At a removal interview scheduled by CBSA, an officer formally confirms whether you are eligible to apply for a PRRA. This is a critical moment: you cannot apply for a PRRA on your own initiative. The PRRA notification must come from CBSA. Without it, you have no right to submit a PRRA application.
Once you receive the notification, CBSA provides you with Form IMM 5508E (Application for a Pre-Removal Risk Assessment) and Guide 5523. This is also the stage where consulting an immigration lawyer in Toronto — or wherever you are in the GTA — is most urgent, because the 15-day clock starts immediately.
Not every ineligible claimant will be eligible for a PRRA. Section 112(2)(b) of IRPA bars claimants who have received a negative decision within the past 12 months, unless that bar is waived for your country. Separately, if your country of nationality is one of approximately 22 countries to which Canada does not currently deport, your situation may differ — speak with a lawyer about your specific file.
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5
Filing the PRRA Application — 15-Day Hard Deadline
From the date you receive your CBSA PRRA notification, you have 15 days to complete and return Form IMM 5508E. Filing this form on time triggers an automatic stay of removal — meaning your removal from Canada is put on hold while your PRRA is assessed.
Missing this deadline means losing the automatic stay and, in most cases, losing your right to the PRRA entirely. Extensions are rarely granted. This deadline is absolute.
📅Days 1–15 from CBSA notification: File Form IMM 5508E. This triggers your stay of removal. Do not wait until Day 14. -
6
Submitting Written Submissions and Evidence — 30-Day Deadline
After filing IMM 5508E, you have an additional 15 days — 30 days total from your CBSA notification — to file your written submissions and all supporting documents. Evidence that may strengthen your PRRA includes country condition reports from the UNHCR, Amnesty International, Human Rights Watch, and the U.S. State Department; personal risk affidavits specific to your individual circumstances; and documentation of any changes in conditions in your home country since you arrived in Canada.
The PRRA officer assesses your personal risk — not just whether general conditions are difficult in a country. Generic submissions are unlikely to succeed. Evidence must be tied directly to your specific situation.
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PRRA Timeline After Bill C-12 Ineligibility
Key deadlines and milestones from ineligibility decision to PRRA outcome — every date matters
Source: Government of Canada — Ineligible Asylum Claims information sheet; IRPA ss.101, 112–116; Legal Aid Ontario Bill C-12 update (April 2026) · Nihang Law Professional Corporation · Law Society of Ontario
Can You Still Work in Canada While Waiting for Your PRRA Decision?
Once CBSA formally notifies you that you may apply for a PRRA and your removal order is stayed, you may apply for an open work permit. Holding a valid work permit allows you to work legally in Canada while your PRRA is being assessed.
Bill C-12 created a problem: with tens of thousands of new ineligible claimants, there is now a longer gap between the ineligibility decision and the CBSA PRRA notification. During that gap, claimants previously had no right to work. To address this, the federal government introduced a temporary public policy that allows eligible claimants to obtain or keep an open work permit even before they receive their PRRA notification and before their removal order is stayed.
To qualify for a work permit under this public policy, you must generally meet three conditions:
- Your refugee claim has been formally found ineligible for referral to the RPD under the listed provisions of IRPA.
- You are not barred from applying for protection under section 112(2)(a) of IRPA, which relates to extradition proceedings.
- You have submitted a work permit application or already hold a work permit.
If you were previously a study permit holder, be aware of a critical rule: any study permit you held before your claim was found ineligible is cancelled by law within seven days of the ineligibility decision. This applies automatically. Former international students in Ontario need to act quickly to understand their work authorization options.
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Work & Study Authorization: Before and After a Bill C-12 Ineligibility Finding
How your right to work and study changes at each stage of the PRRA process
| Stage | Work Permit Status | Study Permit Status |
|---|---|---|
| Before ineligibility findingRefugee claim active or awaiting IRB referral | Active If previously issued and valid, remains in force while refugee claim is active | Active If previously issued and valid, remains in force while refugee claim is active |
| After ineligibility — before PRRA notificationRemoval order in force; CBSA notification not yet received | Gap Period A federal 2026 temporary public policy now allows eligible claimants to obtain or keep a work permit during this gap, before PRRA notification | Cancelled Cancelled automatically by law within 7 days of the ineligibility decision — applies to all former international students |
| After PRRA notification & stay of removalIMM 5508E filed on time; removal order stayed | May Apply Once notified and removal order is stayed, you may apply for an open work permit. Eligibility conditions under s.112(2)(a) IRPA apply | Conditional A new study permit may be available in some circumstances — eligibility conditions apply; consult a lawyer |
Former International Students: Your study permit is cancelled automatically within 7 days of the ineligibility decision. Act immediately to understand your work authorization options under the 2026 public policy.
Source: Government of Canada — Temporary Public Policy: Work Permits for Ineligible Asylum Claimants (2026) · Nihang Law Professional Corporation · Law Society of Ontario
Mistakes That Can Cost You Your PRRA — And How to Avoid Them
The PRRA process has very little margin for error. These are the six mistakes that most commonly harm claimants navigating the Bill C-12 ineligibility pathway.
- Leaving Canada voluntarily before receiving your PRRA notification.Once the removal order is enforceable, claimants who leave without first confirming departure with CBSA — or who leave before understanding their PRRA eligibility — may need an Authorization to Return to Canada (ARC) to come back and may lose access to the PRRA process altogether. Get legal advice before making any travel decisions.
- Assuming the ineligibility letter is a deportation order.A procedural fairness letter is not a deportation order. Claimants have a constitutional right to a PRRA assessment before they can be removed from Canada. Leaving Canada immediately after receiving a PFL, without legal advice, can be a serious and irreversible mistake.
- Missing the 15-day IMM 5508E filing deadline.This deadline is hard. There are no routine extensions. Missing it means losing the automatic stay of removal and, in most cases, losing your right to the PRRA entirely. The moment you receive your CBSA notification, the clock is running.
- Submitting only general country condition evidence.IRCC officers assess personal risk — the specific danger you as an individual would face if removed. Evidence that simply shows conditions are difficult in a country is not sufficient on its own. Your submissions must connect country evidence directly to your personal circumstances, history, and profile.
- Assuming a later re-entry resets the one-year clock.Under Bill C-12, the one-year filing deadline is calculated from your first entry into Canada after June 24, 2020 — not from any subsequent return. If you left Canada and came back, that re-entry does not restart the clock. IRCC’s position on this point is strict.
- Paying a consultant who is not properly licensed.Following the mass PFL mailout in March and April 2026, some unauthorized consultants began charging fees for PRRA help — in some cases for clients who were not even eligible for the process. Only work with a licensed lawyer or a Regulated Canadian Immigration Consultant (RCIC) registered with the College of Immigration and Citizenship Consultants (CICC). Verify credentials through the CICC public register or the Law Society of Ontario.
Frequently Asked Questions About PRRA After Bill C-12
What is a PRRA and how is it different from a refugee hearing?
At an IRB hearing, an independent RPD member hears your case in person. A PRRA is conducted by a government officer and is paper-based, which makes the quality of your written evidence especially important. Both processes can result in refugee protection if successful, but the PRRA applies a narrower risk standard.
My refugee claim was found ineligible — does that mean I have to leave Canada right away?
A procedural fairness letter is especially not a deportation order — it is a notice giving you a chance to respond before a decision is made. Do not leave Canada without first getting legal advice about your specific situation and your access to the PRRA process.
How long does a PRRA take to process in Canada?
During this period, your removal order is generally stayed — meaning you may not be removed while your PRRA is under review. CBSA may still enforce removal in certain circumstances, which is another reason why timely legal advice matters.
Can I work in Canada while I’m waiting for my PRRA decision?
Eligibility conditions apply, and your situation depends on exactly where you are in the process. If you previously held a study permit, note that it was cancelled automatically within seven days of your ineligibility decision.
What happens if my PRRA is refused — do I still have options?
Applying for judicial review at Federal Court requires leave — meaning a judge must first agree that your case raises a serious legal question. The deadlines for seeking leave are short, so acting quickly after a PRRA refusal is essential. You may also be able to apply for permanent residence on humanitarian and compassionate grounds in some circumstances.
Does a PRRA apply to me if I entered Canada from the U.S. and waited more than 14 days to make a claim?
The 14-day rule and the one-year rule are the two new grounds added by Bill C-12, and both apply retroactively to claims made on or after June 3, 2025. Whether the Safe Third Country Agreement (STCA) exceptions apply to your situation depends on the specific facts of your entry — this is a nuanced area where legal advice is especially valuable.
What is a Procedural Fairness Letter (PFL) and how do I respond to one?
Since Bill C-12 received Royal Assent, IRCC has sent PFLs to approximately 30,000 claimants. Recipients typically have 21 days to respond. A strong response includes a documented chronology of your entry dates, evidence supporting your circumstances, and legal submissions addressing the specific grounds raised in the letter. Getting a lawyer to draft or review your response before the deadline is highly recommended.
Can my children be included in my PRRA application?
Unaccompanied minors are subject to special guidance under Bill C-12 — IRCC is required to consider the individual circumstances of children without legal guardianship. If your children are part of your file, make sure their specific situations are addressed in your written submissions.
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PRRA Outcomes in Canada: What Happens After You Apply?
Historical PRRA decision outcomes — illustrative placeholder data based on IRCC program evaluations. Replace with IRCC’s most recently published statistics before publication.
About these figures: These are illustrative placeholder values derived from IRCC program evaluation reports. Replace with IRCC’s most recently published PRRA statistics before publication. A low aggregate approval rate does not mean any individual case cannot succeed — the strength of the written submissions is the primary determinant of outcome.
Source (placeholder): IRCC — PRRA Formative Evaluation, House Standing Committee on Citizenship and Immigration. Replace before publication. · Nihang Law Professional Corporation · Law Society of Ontario
How Nihang Law Helps Clients Navigate PRRA After Bill C-12
The PRRA process after a Bill C-12 ineligibility finding is one of the most time-sensitive and evidence-intensive legal situations a person can face in Canada. Qasim Ali, Principal Lawyer at Nihang Law, works with clients navigating complex immigration files where the stakes — and the deadlines — are at their highest.
Nihang Law is a full-service firm, which means that if your immigration situation touches other areas of law — family matters, employment issues, or housing questions — your file stays in one place. Services are available in English, Urdu, Hindi, Pashto, Punjabi, Gujarati, Mandarin, and Korean. The firm serves clients across Toronto, Scarborough, Brampton, Mississauga, and the broader GTA. If your PRRA is refused and a judicial review at Federal Court becomes the next step, that experience is available within the same firm.
The Deadline Is Real — Here Is What to Do Today
Once CBSA sends you your PRRA notification, you have 15 days to file your application form — and 30 days total to submit all your evidence. Those deadlines do not move. You also have a constitutional right to a PRRA before you can be removed from Canada, and that right is worth protecting.
Contact Nihang LawAbout the author
Qasim Ali
Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario
Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.
Nihang Law is particularly recognized for its depth in immigration and real estate law — a combination that serves newcomers and growing families navigating both legal systems simultaneously.
Learn more about Qasim Ali →Sources & References
- Government of Canada — New immigration and asylum measures from Bill C-12 have become law (March 2026). canada.ca — Bill C-12 Royal Assent
- Government of Canada — Ineligible Asylum Claims: Information Sheet (IRCC, 2026). canada.ca — Ineligible Asylum Claims
- Government of Canada — Pre-Removal Risk Assessment: Who Can Apply (IRCC). canada.ca — PRRA eligibility
- Government of Canada — Temporary Public Policy: Work Permits for Ineligible Asylum Claimants (IRCC, 2026). canada.ca — Work permit public policy
- Legal Aid Ontario — Update on Bill C-12 (April 2026). legalaid.on.ca — LAO Bill C-12 guidance
- CBC News — Immigration Department informing some 30,000 applicants they may be ineligible for refugee hearings (April 10, 2026). cbc.ca
- Parliament of Canada — Immigration and Refugee Protection Act (IRPA), ss.101, 112–116. laws-lois.justice.gc.ca
- IRCC — PRRA Formative Evaluation Data (House Standing Committee on Citizenship and Immigration). canada.ca — PRRA program evaluation
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