Major Update: Under Bill C-12, anyone who filed an asylum claim after June 24, 2020 from inside
Canada will now be ineligible.
Earlier worries about broader ineligibility have been removed — a positive change.
In simple terms, visitors, international students and work permit holders who submitted asylum claims more than one year after arriving in Canada will now no longer
Wtf is this?? Are we doomed?
Late asylum applications were a problem in the past and could affect credibility. In any case, they would be reviewed and decided by a panel of experts.
They could technically apply the new system to new applications and perhaps to existing applications that are still pending, but applying it to existing applications is technically problematic. Laws generally should not be retroactive, and this is expected in countries governed by the rule of law.
Another drawback is the eligibility clause. Once an application is referred to the RPD, it technically passes the eligibility stage, even if it hasn't yet been finalized. Therefore, its application at this point presents several problems.
If it will be applied to new applications, the crucial point here is this: Will it apply to applications submitted after June 3rd, because such a cut-off date was specified, or will it also apply to applications submitted before June 3rd and not yet referred to the RPD?
I generally find Bills C-2 and C-12 problematic. It's more like the practices of Trump's America, not the practices of the Liberal Party. Therefore, these laws must be revised before they are passed. Moreover, there are sections that even conservatives refuse to support.