File-Review Temporarily Suspended for Everyone

[dao.c]

With Bill C-12 receiving royal assent, the only new regulations affecting refugee claimants weren't the new ineligibility rules. There were also new regulations requiring any refugee claimant to be present in Canada before a decision is made.

Due to this, on April 15 2026 the IRB updated its page regarding regulations for less-complex claims as follows:
"Please note that we are currently adjusting our processes to ensure that refugee claimants meet their new, in-Canada physical presence requirement, established by the Strengthening Canada’s Immigration System and Borders Act (C-12), before a decision is rendered under the file-review process.
Until further notice, claims that are determined to be eligible for the file review process under the Instructions will be referred to an expedited hearing."
It's also important to note that there's no guaranteed deadline for the IRB to reinstate the file-review process.

But, (not objectively confirmed, I will do my best to get further information) I believe that the "expedited hearing" process mentioned in the note is different from the pre-existing "Less-Complex Short-Hearing" process as I think that their sole purpose is to confirm that the claimant is present in Canada (however that may be done).

 

[It's_me]

The note is very confusing to start with, but still doesn’t say file review and less complex will be removed in all cases and another confusing part is less complex stream is made to target claimants from certain countries and certain conditions related to those countries, and made for those claimants who make their claims from within Canada. So, what is the point of ensuring those claimants are inside Canada or not?

 

[dao.c]

The note is very confusing to start with, but still doesn’t say file review and less complex will be removed in all cases and another confusing part is less complex stream is made to target claimants from certain countries and certain conditions related to those countries, and made for those claimants who make their claims from within Canada. So, what is the point of ensuring those claimants are inside Canada or not?

First of all, the note doesn't say that the less complex stream is completely cancelled, it only says that the IRB will not make any file-review decisions until they adjust their processes.
Second, the reason for making sure that claimants are in Canada is because, (if I remember correctly) there were cases of refugee claimants being accepted without a hearing even though they've left Canada.

 

[Banky@77]

First of all, the note doesn't say that the less complex stream is completely cancelled, it only says that the IRB will not make any file-review decisions until they adjust their processes.
Second, the reason for making sure that claimants are in Canada is because, (if I remember correctly) there were cases of refugee claimants being accepted without a hearing even though they've left Canada.

The immigration Minister has been drilled by committee on citizenship &immigration canada over this issue, that over 150,000 claimant has been granted refugee status without proper hearing. So indirectly it has been suspended for now.

 

[ossri]

Can it affect who as being accepted by file review already ??

 

[Banky@77]

Can it affect who as being accepted by file review already ??

You might do short hearing

 

[dao.c]

Can it affect who as being accepted by file review already ??

If you've already been accepted, you probably won't be affected unless the minister appeals the decision or a new bill gets passed that retroactively affects people.

 

[ossri]

You might do short hearing

Already on my way to pr , but with these new laws passing daily I'm just paranoid

 

[dao.c]

Already on my way to pr , but with these new laws passing daily I'm just paranoid

It is very unlikely that they will cancel all file-review decisions as that would add hundreds of thousands of cases to the already massive backlog. But unfortunately it is pretty difficult to predict what will happen these days.

 

[Zzz2024]

With Bill C-12 receiving royal assent, the only new regulations affecting refugee claimants weren't the new ineligibility rules. There were also new regulations requiring any refugee claimant to be present in Canada before a decision is made.

Due to this, on April 15 2026 the IRB updated its page regarding regulations for less-complex claims as follows:
"Please note that we are currently adjusting our processes to ensure that refugee claimants meet their new, in-Canada physical presence requirement, established by the Strengthening Canada’s Immigration System and Borders Act (C-12), before a decision is rendered under the file-review process.
Until further notice, claims that are determined to be eligible for the file review process under the Instructions will be referred to an expedited hearing."
It's also important to note that there's no guaranteed deadline for the IRB to reinstate the file-review process.

But, (not objectively confirmed, I will do my best to get further information) I believe that the "expedited hearing" process mentioned in the note is different from the pre-existing "Less-Complex Short-Hearing" process as I think that their sole purpose is to confirm that the claimant is present in Canada (however that may be done).

Is this affect the old applications (2024)?

 

[dao.c]

Is this affect the old applications (2024)?

No, not if your claim was already finalized. If you're still waiting for a decision, you will be affected, you won't be able to go through the File-Review process while it's suspended. Instead you will go through a short/expedited hearing if your claim is less-complex.

 

[wolex]

No, not if your claim was already finalized. If you're still waiting for a decision, you will be affected, you won't be able to go through the File-Review process while it's suspended. Instead you will go through a short/expedited hearing if your claim is less-complex.

Please, what exactly does this expedite hearing mean?..Thank you

 

[Zzz2024]

No, not if your claim was already finalized. If you're still waiting for a decision, you will be affected, you won't be able to go through the File-Review process while it's suspended. Instead you will go through a short/expedited hearing if your claim is less-complex.

I’m still waiting , but I don’t think the file-review process is completely stopped.
I’ve seen a few people this month who were accepted without a hearing.
i’ll let you know if I got any update.

 

[Zzz2024]

Please, what exactly does this expedite hearing mean?..Thank you

An expedited hearing is basically a shorter and faster refugee hearing for claims considered “less complex.”

Instead of waiting for a long regular hearing, the IRB may schedule a short hearing with fewer questions if the case is straightforward and there are no major credibility or security concerns.

It’s not a refusal or a negative sign it usually means the case is simpler to decide.

 

[wolex]

An expedited hearing is basically a shorter and faster refugee hearing for claims considered “less complex.”

Instead of waiting for a long regular hearing, the IRB may schedule a short hearing with fewer questions if the case is straightforward and there are no major credibility or security concerns.

It’s not a refusal or a negative sign it usually means the case is simpler to decide.

A million thanks for your prompt response. In my own case, got a file review from ICAC in September 2024 but now scheduled for hearing. So, is it an expedite hearing as noted on IRB website that cases deemed for review earlier will now go through expedite hearing?..thank you in anticipation of your prompt response