The H&C 12-Month Bar After a Refugee Claim: What Section 25(1.2) Says
The short answer: Under section 25(1.2) of the IRPA, the Minister may not examine an H&C request while a refugee claim is pending, or until 12 months after the claim is rejected, withdrawn (after substantive evidence) or abandoned. Section 25(1.21) exempts only the 12-month part: risk to life from unavailable health care, and a child's best interests.
What is the 12-month bar?
The bar is in section 25(1.2) of the Immigration and Refugee Protection Act (IRPA). It lists situations in which the Minister "may not examine" an H&C request. Three of them involve a refugee claim. Two are covered here:
Pending claim: you have a refugee claim pending before the Refugee Protection Division (RPD) or the Refugee Appeal Division (RAD).
Recent end of a claim: less than 12 months have passed since the claim was rejected, determined withdrawn (after substantive evidence was heard) or abandoned, subject to section 25(1.21).
A third situation applies if your claim was found ineligible to be referred to the RPD and you have a pending application for protection with the Minister. For that route, see H&C after an ineligible refugee claim.
Justice Laws shows the Act as current to October 19, 2026. The legislative history for section 25 ends with 2023, c. 19, s. 3.
What are the exceptions?
Section 25(1.21) says paragraph 25(1.2)(c), the 12-month part, does not apply to a foreign national:
Risk to life from lack of health care: who, if removed, would be at risk of losing their life because each of their countries of nationality (or, if they have none, their country of former habitual residence) cannot provide adequate health or medical care.
Best interests of a child: whose removal would adversely affect the best interests of a child directly affected.
These exceptions are written into the 12-month part only. They do not lift the bar while a claim is still pending.
IRCC's program instructions add detail. According to IRCC, the medical exception requires you to show that removal would lead to an increased risk to life that is "real, imminent and foreseeable," with a doctor's documentation of the diagnosis and treatment and confirmation that an acceptable treatment is unavailable in your country. For the child exception, IRCC says the exception applies if, at the lock-in date, a child under 18 is the applicant or a dependant. In other situations, IRCC says you need credible evidence that your removal would have a direct and adverse impact on a child. If an exception is not met, IRCC's instructions say the request is refused and the fees are not refunded. See medical evidence for H&C and the best interests of the child.
How is the 12 months counted?
Section 25(1.2)(c) sets the starting point by what happened to your claim:
No appeal and no leave application: the date the RPD rejected the claim, determined it withdrawn (after substantive evidence was heard) or determined it abandoned.
All other cases: the latest of the last rejection, withdrawal or abandonment by the RPD, the last one by the RAD, and the day the Federal Court refused leave or denied judicial review.
IRCC's instructions say the bar "is in effect until the one-year anniversary of the decision." As of the page's modified date of September 28, 2026, IRCC also says that if a claim is withdrawn before substantive evidence is heard at the RPD, the H&C request can be examined, and that a judicial review still pending more than 12 months after the RPD or RAD decision means the bar does not apply.
What do worked date examples look like?
These are invented dates that apply only the wording above. They are not predictions about any real file.
Example 1, no appeal: The RPD rejects a claim on March 10, 2026. No appeal and no leave application follow. A request received in January 2027 falls within 12 months of that date, so the bar applies unless an exception is met. A request received in June 2027 comes more than 12 months after the date.
Example 2, appeal and Federal Court: The RPD rejects a claim on March 10, 2026, the RAD dismisses the appeal on June 20, 2026, and the Federal Court refuses leave on September 15, 2026. Under the "latest of" wording, the count runs from September 15, 2026, not March 10. A request in May 2027 is still within 12 months. One in November 2027 is not.
Example 3, claim still pending: A claim is before the RAD. The bar in section 25(1.2)(b) applies because a claim is pending. The 12-month count has not started.
Example 4, close to the anniversary: Counting days is easy to get wrong. IRCC's own example dates differ by a day on when a bar ends, so confirm the exact date for your file with a regulated professional.
Does the bar apply to the whole family?
According to IRCC, if only one person on an application (principal applicant, spouse or dependent child) is subject to the bar, the application as a whole is barred unless an exception is requested. This is worth checking before adding family members. See also including family members.
Has anything changed in 2026?
On August 27, 2026, IRCC posted an update to its H&C program delivery pages. It lists six updated pages, adds two and removes three, and describes the changes as minor updates. The update page does not mention the refugee claim bar or section 25(1.2). Rules and instructions can change, so check IRCC's page before you act.
Who does this affect?
People with a refugee claim before the RPD or RAD
People whose claim was rejected, withdrawn or abandoned in the last 12 months
People whose claim was rejected and who have a Federal Court leave or judicial review application pending (check IRCC's rule on how long that application has been pending)
Families where one member is subject to the bar
What should you do?
Find your decision letters and note each date: RPD, RAD, and any Federal Court order.
Identify which paragraph of section 25(1.2) applies to you.
Ask whether a child's best interests or a life-threatening medical issue may fall within section 25(1.21).
Compare other routes. See H&C compared with a refugee claim and PRRA compared with H&C.
Read what happens after a refused refugee claim and the H&C guide.
Not sure how the bar applies to your dates? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your situation and your options. Book a case review.
Frequently asked questions
Can I apply for H&C while my refugee claim is pending?
Under section 25(1.2)(b), the Minister may not examine an H&C request if you have a claim pending before the RPD or RAD. The section 25(1.21) exceptions are written for the 12-month part only.
What if my claim was abandoned?
Section 25(1.2)(c) covers claims determined to be abandoned by the RPD or the RAD. The 12 months count from that determination, or from the latest decision if you pursued further steps.
What if I withdrew my claim?
The Act refers to withdrawal after substantive evidence was heard. IRCC says a withdrawal before substantive evidence is heard at the RPD does not trigger the bar.
Does a Federal Court application change the date?
Yes, once the Federal Court refuses leave or denies judicial review, that date can become the latest date. A pending application does not create a date. Where there was an appeal or leave application, the count uses the latest of the RPD, RAD and Federal Court dates in section 25(1.2)(c)(ii).
Which exceptions does the Act allow?
Section 25(1.21) lists two: a risk to life because your country cannot provide adequate health or medical care, and the best interests of a child directly affected.
Is a request refused if it falls in the bar?
IRCC's instructions say that if the bar applies and no exception is met, the request is refused and the fees are not refunded. Confirm this on IRCC's page before applying.
Does the bar last longer for everyone?
No. Section 25(1.2) sets 12 months for the situations described. Other rules, such as those for designated foreign nationals in section 25(1.01), use different periods.
Where do I check the current text?
Read section 25 on the Justice Laws website and IRCC's intake and who-may-apply page, since both can change.
Key takeaways
Section 25(1.2) bars examination of an H&C request while a claim is pending and for 12 months after certain endings.
Section 25(1.21) exceptions cover risk to life from lack of health care and a child's best interests.
With appeals or Federal Court steps, the count runs from the latest decision.
Confirm the exact end date for your file before relying on it.
The bottom line
The bar is a date question first and a merits question second. Know which decision date controls, and whether an exception applies, before filing.
Questions about your dates or options? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your situation. Book a case review.
Last reviewed: November 2026
Sources: Immigration and Refugee Protection Act, s. 25; IRCC, Humanitarian and compassionate: Intake and who may apply; IRCC, Program delivery update: Updates to H&C consideration pages.
This article provides general information only. It is not legal advice and does not create a client relationship. Immigration options and outcomes depend on individual circumstances. Consult a qualified representative for advice about your situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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