CHANDIGARH: The Canadian government has passed a new law to tighten its asylum rules, allowing authorities to stop accepting, suspend, or terminate the processing of immigration applications. The law also gives powers to suspend, cancel, or change immigration documents such as work permits, study permits, temporary resident visas, and permanent resident visas, and to impose or modify conditions on temporary residents.
On March 26, Canada’s Immigration System and Borders Act (Bill C-12) received Royal Assent and has now come into effect. The law aims to strengthen the country’s immigration and asylum systems and provide law enforcement agencies with more tools to secure borders, combat transnational organized crime, illegal fentanyl, and illicit financing.
Under the new law, the federal government can share certain immigration-related information with provinces and territories. This is meant to improve coordination between different levels of government, including access to services and program management. Information sharing will take place through formal agreements and must follow privacy rules.
The law also gives the government authority to manage immigration application processing in certain situations. These include cases involving system integrity concerns, public health or safety risks, or technical issues. Authorities may temporarily pause or limit the processing of some applications or documents in such cases.
Indian nationals make up the largest group of asylum seekers in Canada. According to the Immigration and Refugee Board (IRB) of Canada, more than 45,000 asylum claims have been made by Indian nationals since December 2012. In the first six months of last year alone, nearly 9,770 refugee claims were filed by Indian citizens. Most of these claims are reportedly from Punjab and are often linked to political or security concerns.
Under the new rules, individuals who file an asylum claim more than one year after their first entry into Canada on or after June 24, 2020, will usually not have their cases referred to the Immigration and Refugee Board of Canada (IRB) for a full hearing. “ The asylum claims made more than one year after someone’s first entry into Canada after June 24, 2020, would not be referred to IRB regardless of whether the person has since left and returned. Also Asylum claims from people who enter Canada between ports of entry along the Canada–US land border and who make a claim after 14 days would not be referred to the IRB,’’ it states.
The government said these new eligibility requirements will reduce pressure on the asylum system, protect it from sudden increases in claims, close loopholes, and discourage people from using asylum claims as a shortcut to regular immigration pathways.
“ Guidance will be provided to officers to consider the individual circumstances of unaccompanied minors, given their lack of legal guardianship. People who are affected by these new rules will still have access to a pre-removal risk assessment (PRRA) to prevent them from being sent back to a country where they face risks like persecution, torture or other harm,’’ it added.
“ With the passage of Bill C-12, we’re strengthening the practical tools that keep our immigration and asylum systems fair, efficient and working as intended. These changes maintain access to protection and due process, while improving our ability to function effectively under sustained pressure,’’ said Lena Metlege Diab, Minister of Immigration, Refugees and Citizenship.
Minister of Public Safety Gary Anandasangaree said, "The increasing complexity of transnational organized crime means that our law enforcement and intelligence agencies must constantly adapt. This Bill is crucial to providing our law enforcement agencies with more tools and authorities that they need to combat transnational organized crime and keep Canada and everyone who lives here safe and secure.”
The new law also allows the Canadian Coast Guard to conduct security patrols and collect, analyze, and share information for security purposes. It enhances the ability of the Royal Canadian Mounted Police (RCMP) to share information on registered sex offenders. The law also strengthens Canada’s ability to combat transnational organized crime and illegal fentanyl by allowing faster control of precursor chemicals used to produce illegal drugs.
In addition, the law strengthens Canada’s anti-money laundering and anti-terrorist financing system by introducing tougher penalties and improving coordination among federal agencies to target illicit funds linked to organized crime.
“ The expanded authorities granted to the Canadian Coast Guard under Bill C-12 will enhance the Defence Team’s operational presence and responsiveness, particularly in the North. This marks a significant step in safeguarding Canada’s sovereignty and bolstering our capacity to monitor and protect our territorial waters,’’ said David J McGuinty, Minister of National Defence.