Case ineligible due to bill C-12

[Notyourlawyer]

Hello everyone,
Thank you to everyone who contributed advice and commented on my previous post. I just wanted to provide an update and seek further guidance/advice regarding my situation.
We eventually responded to the ineligibility notice with my detailed explanation. In addition, my lawyer included legal arguments and referenced some case laws, explaining why my case should be reassessed based on my specific circumstances and referred to the IRB. They also requested that the officer schedule an oral interview regarding the ineligibility matter. Nothing yet till date.
Everything was submitted within the allotted timeframe in April, and we received a confirmation acknowledgment two days later. However, up until now, we have not heard anything further from the office.
Recently, I came across information regarding the Ontario lawyers’ association victory concerning Judicial Review applications for Bill C-12 ineligibility matters proceeding under a case management process before a Federal Court judge.
I would like to apply for Judicial Review, but I am uncertain about the appropriate timing to file the application. My lawyer’s advice was to “wait until they respond to your explanation submission” before proceeding with a Judicial Review application.
I am concerned about the timing and process, and I would like to understand at what stage a Judicial Review application should be filed. Can a Judicial Review application be filed now, or is it better to wait as advised by my lawyer? I simply want to be proactive in handling my case properly.
Your advice and guidance will be greatly appreciated. Thank you all once again for your supports.

Your lawyer is right, you cannot file a judicial review of the PFL letter, You can only judicially review the final determination of ineligibility.

 

[canuck78]

Thank you for your reply @wiener . Yes, I do feel the same.

I have been doing more research and found out from this official link (recent May 14, 2026) that B is most probably for me, and others in similar situation.

As a quick summary, I would expect then:
IRB Ineligibility notification any time soon, then no PRRA offered immediately but eventually (once my country is out of ADR). After that happens (1, 2, N months/years from now) I would be offered PRRA when removal order is activated and during the removal interview.

One important thing is that according to the official article we would have at least work permit and health program during that time if they consider we are elegible for PRRA offering (again, eventually). As head of family, I really care about it. I guess many would as well.

Hope this info helps and gives a bit more clarity to others with similar concerns/doubts.

Not guaranteed but you can try after applying for the H&C.

 

[cjulio]

If you are from an ADR country, you should consider applying for H&C.

Thank you for replying @Notyourlawyer

yes, I'm actually considering it. The thing is I don't know if I can without receiving the official ineligibility notification from IRB. Additionally, I'm truly concerned on processing times for H&C... anw, I guess that's the path I need to follow.

 

[Flowercita]

As you are supposed to be offered PRRA , Dr Vilma Filici, immigration advisor, recommended in a program, prepare your file in advance. Basically will be same when you applied for asylum. Have ready any documents, translations, evidence. Talk with your lawyer. In this case, it's strongly recommended have a lawyer.
Yu will have only 30 days after notification, so start now gathering documents again. Good luck.

 

[canuck78]

Thank you for replying @Notyourlawyer

yes, I'm actually considering it. The thing is I don't know if I can without receiving the official ineligibility notification from IRB. Additionally, I'm truly concerned on processing times for H&C... anw, I guess that's the path I need to follow.

You really need to review your application and personal situation to see what your best option may be. Do you know French? Is your life truly at risk in your home country? Sadly many who apply for asylum lives are not actually at risk. If not risk there may be much more reliable ways to secure PR where you have more control when it comes to the outcome.

 

[hassan4040]

Hello everyone,
Thank you to everyone who contributed advice and commented on my previous post. I just wanted to provide an update and seek further guidance/advice regarding my situation.
We eventually responded to the ineligibility notice with my detailed explanation. In addition, my lawyer included legal arguments and referenced some case laws, explaining why my case should be reassessed based on my specific circumstances and referred to the IRB. They also requested that the officer schedule an oral interview regarding the ineligibility matter. Nothing yet till date.
Everything was submitted within the allotted timeframe in April, and we received a confirmation acknowledgment two days later. However, up until now, we have not heard anything further from the office.
Recently, I came across information regarding the Ontario lawyers’ association victory concerning Judicial Review applications for Bill C-12 ineligibility matters proceeding under a case management process before a Federal Court judge.
I would like to apply for Judicial Review, but I am uncertain about the appropriate timing to file the application. My lawyer’s advice was to “wait until they respond to your explanation submission” before proceeding with a Judicial Review application.
I am concerned about the timing and process, and I would like to understand at what stage a Judicial Review application should be filed. Can a Judicial Review application be filed now, or is it better to wait as advised by my lawyer? I simply want to be proactive in handling my case properly.
Your advice and guidance will be greatly appreciated. Thank you all once again for your supports.

Hi Stan,

I read your posts about the Bill C-12 ineligibility issue, and my situation seems very similar to yours. I also had a previous short entry to Canada, then left Canada, and later returned before making an asylum claim.

I wanted to respectfully ask if you have received any final update from IRCC after submitting your response to the ineligibility notice. Did they keep your claim with the IRB/RPD, or did they decide it was ineligible and move it toward CBSA/PRRA?

Also, if you are comfortable sharing, what main points did your lawyer include in the response? For example, did they focus on the fact that your earlier Canada visit was temporary, that you left Canada afterward, that you had no intention to claim asylum at that time, and that the risk arose later?

I understand this is personal and legal, so please only share what you are comfortable sharing. I am just trying to understand how IRCC is treating cases where someone entered Canada before, left, returned later, and then filed a claim after Bill C-12.

Thank you, and I hope your case goes well.