Amendments to federal immigration law have come into force that retroactively render thousands of refugee claims ineligible, including claims that were already filed and awaiting a hearing.

The Strengthening Canada’s Immigration System and Borders Act introduces a one‑year filing deadline for refugee claims based on an individual’s first arrival in Canada after June 24, 2020. Claims filed after the government announced the proposed change in June 2025—but before the law passed—may now be cancelled.

Instead of a full hearing before the Immigration and Refugee Board, affected individuals will now only receive a paper‑based risk assessment conducted by immigration officials. The legislation also grants the federal government broad new powers to cancel or suspend large groups of immigration documents where it considers this to be in the “public interest.”

In this article from the Toronto Star, MKS partner Kyle Hyndman, a former Chair of the Canadian Bar Association’s Immigration Law Section, raises concerns about the scope of these powers and the lack of independent oversight. He notes that retroactively cancelling claims and documents raises serious legal and constitutional questions, and he expects the new law to be challenged in court, particularly on Charter and international law grounds.

Our firm is closely monitoring developments and advising clients who may be affected by these changes. Anyone with a pending or recently filed refugee claim should contact us immediately for legal advice.