Bill C-12's Nearing Royal Assent and Refugee Claim Eligibility

[dao.c]

So let’s say a claim was made after June 2025, already referred to the irb and was flagged as a potential less complex case, would the case continue or be transferred to the PRRA sector?

At this point it's hard to say, my personal best guess is that it will be deferred from the IRB and offered a PRRA.
But officers have discretion, as they could allow the case of a minor to be referred to the IRB despite being ineligible under IRPA paragraph 101(1)(b.1)

 

[moref1988]

So let's say you entered Canada for the first time in 2018, then later again in 2021; the 2021 date counts.

I disagree. The one-year time limit is set from the date of initial entry, and if they haven't made any changes to the draft, those who entered to Canada the first time before June 24, 2020, should not be affected.

 

[dao.c]

I disagree. The one-year time limit is set from the date of initial entry, and if they haven't made any changes to the draft, those who entered to Canada the first time before June 24, 2020, should not be affected.

https://www.parl.ca/DocumentViewer/en/45-1/bill/C-12/royal-assent

I think subsection Immigration and Refugee Protection Act 101(1.1) has to be read together with the condition at the start of the sentence.

It begins with: “if the claimant has entered Canada more than once after June 24, 2020”. That phrase limits the entries being considered to those that occurred after that date. When the subsection then refers to “their first entry”, it is referring to the first entry within that group, not the person’s lifetime first entry.
So if someone entered Canada in 2018 and later again in 2021, the 2018 entry falls outside the scope of paragraph 101(1)(b.1) because that provision only applies to people who entered Canada after June 24, 2020. In that situation, the 2021 entry would be the relevant date for calculating the one-year period.

Of course, the final interpretation will ultimately depend on how IRCC/CBSA apply the provision, and potentially how courts interpret it.

 

[moref1988]

https://www.parl.ca/DocumentViewer/en/45-1/bill/C-12/royal-assent

I think subsection Immigration and Refugee Protection Act 101(1.1) has to be read together with the condition at the start of the sentence.

It begins with: “if the claimant has entered Canada more than once after June 24, 2020”. That phrase limits the entries being considered to those that occurred after that date. When the subsection then refers to “their first entry”, it is referring to the first entry within that group, not the person’s lifetime first entry.
So if someone entered Canada in 2018 and later again in 2021, the 2018 entry falls outside the scope of paragraph 101(1)(b.1) because that provision only applies to people who entered Canada after June 24, 2020. In that situation, the 2021 entry would be the relevant date for calculating the one-year period.

Of course, the final interpretation will ultimately depend on how IRCC/CBSA apply the provision, and potentially how courts interpret it.

I think it refers where the application needs to be submitted after June 3, 2025. So, we need to pay attention to two dates: one is June 24, 2020, and the other is June 3, 2025.