Refugee Claim Ineligible Under Bill C-12? PRRA and H&C Options (2026)
The short answer: After a Bill C-12 ineligibility finding, your first protection option is usually a Pre-Removal Risk Assessment (PRRA), which looks at risk if you are removed. A humanitarian and compassionate (H&C) application under section 25 of the Immigration and Refugee Protection Act is a separate, discretionary request with its own timing rules. A claim found ineligible for the IRB is not a refused claim, so the 12-month bar that follows a refused refugee claim does not apply. You can file H&C, but if you have a PRRA pending, the H&C is put on hold until the PRRA is decided. H&C does not automatically stop a removal. The right order depends on your dates, your documents and your removal status. Read your letter's deadline first.
What did Bill C-12 change for refugee claimants?
Bill C-12 (Strengthening Canada's Immigration System and Borders Act) received Royal Assent on March 26, 2026. It added two new grounds of ineligibility for referral of a refugee claim to the IRB:
The one-year rule. You first entered Canada after June 24, 2020 and made your claim more than one year after that first entry, even if you left and returned in between.
The 14-day rule. You crossed the Canada-U.S. land border between ports of entry and made your claim more than 14 days after you entered.
According to IRCC's announcement, these grounds apply to claims made on or after June 3, 2025. That means some people who filed before the law passed are affected, and IRCC has been sending procedural fairness letters to some claimants. If your claim is found ineligible, it is not referred to the IRB, so there is no IRB hearing. People found ineligible can still apply for a Pre-Removal Risk Assessment (PRRA). Check IRCC's current guidance for the details that apply to your claim.
I received a procedural fairness letter. What should I do first?
Do not ignore it. The letter is not a final decision. It says IRCC is considering finding your claim ineligible and gives you a short window to respond. The deadline is stated in your letter.
Write down the deadline in your letter.
Rebuild your entry history with documents: passport stamps, boarding passes, visas, permits and travel records. The one-year clock runs from your first entry after June 24, 2020, and an error in the dates can matter.
Check any work or study permit expiry dates.
Consider getting advice early, so you have time to gather documents. If CBSA gives you a PRRA application package, it has its own deadline, and missing it can leave your removal order enforceable. See what a procedural fairness letter means.
Can you apply for H&C if your refugee claim is ineligible?
Yes. Being found ineligible is not the same as having a refugee claim refused, so the bars that apply after a refusal do not apply to you. In general, H&C is a request that an officer use section 25 of the Act to grant permanent residence, or exempt you from a requirement, because of your personal circumstances. It is not a refugee process. The officer looks at factors such as how settled you are in Canada, family ties, the best interests of any child affected, and hardship if you had to leave. See the complete H&C guide.
What about the restrictions on H&C for refugee claimants? They are tied to the status of the claim:
Claim pending before the IRB: an H&C application is generally not examined while the claim is pending.
Claim refused: a 12-month bar applies after a negative decision on a refugee claim. See the 12-month bar explained. Two narrow exceptions can lift it: where removal would put your life at risk because adequate health or medical care is not available in your country, or where removal would adversely affect the best interests of a directly affected child.
Claim found ineligible: there is no refusal, so there is no 12-month bar. If you have applied for a PRRA, your H&C application is held until the PRRA is decided, but it is not barred.
You can file H&C after the ineligibility finding without waiting for the PRRA. Confirm the details against your own dates and documents.
What is the difference between H&C and a PRRA?
PRRA: a risk assessment, usually done on written submissions by an IRCC officer. It asks whether you would face persecution, torture, a risk to life or cruel and unusual treatment or punishment if removed to your country.
H&C: a broader request based on your life in Canada and hardship. It does not assess refugee risk in the same way.
They can run on different clocks and do not replace each other, and they are tightly sequenced, so the order you take them in matters. See PRRA vs H&C. Judicial review of a negative PRRA does not automatically stop removal.
Does an H&C application stop removal?
No. Filing an H&C application does not automatically stop a removal order from being enforced. If you have a removal date, speak with a lawyer promptly. A lawyer, not an RCIC, must represent you in the Federal Court, although you may represent yourself. An RCIC can assist with submissions to IRCC and CBSA, such as a procedural fairness letter response, a PRRA or an H&C application. See removal orders and H&C and what to do about out-of-status situations.
How long does H&C take?
IRCC's H&C processing is slow and changes often. Do not rely on a figure in a blog post. Check IRCC's processing times tool and read our H&C processing time guide. This is one reason to prepare early.
What about my work permit?
Permits tied to a refugee claim may be affected by an ineligibility finding or by a removal order, and rules and temporary public policies change. A new application may be needed before the permit expires. Check the current IRCC posting for your situation and keep records of every permit date.
What evidence helps an H&C application?
Proof of how long you have lived in Canada: leases, tax records, bank statements
Work history, school records, volunteer and community involvement
Letters from people who know you. See H&C letters of support
Family ties and the effect of separation, including on children. See best interests of the child
Medical or psychological evidence where relevant
Country condition information, to explain hardship on return
An H&C decision is discretionary and each case is judged on its own facts.
Who does this affect?
People who received a Bill C-12 procedural fairness letter
Refugee claimants told their claim will not go to the IRB
Families with children who have built a life in Canada
Workers and students whose permits depend on a refugee claim
What should you do?
Read the deadline in your letter and respond before it.
Rebuild your entry and exit dates with documents.
Check whether you have a removal order or a removal date.
Check your work and study permit dates.
Ask which options apply, and in what order: response to the letter, PRRA, H&C, or others.
Start collecting H&C evidence now, because it takes time.
Frequently asked questions
Can I apply for H&C if my refugee claim is found ineligible under Bill C-12?
Yes. An ineligibility finding is not a refusal, so there is no 12-month bar. If a PRRA is pending, the H&C application is held until the PRRA is decided, not barred.
Does the Bill C-12 one-year rule apply to me?
It can apply if you first entered Canada after June 24, 2020 and claimed more than one year after your first entry. Your own entry history decides this.
What is the 14-day rule?
It applies to people who crossed the Canada-U.S. land border between ports of entry and claimed more than 14 days later.
Is a PRRA the same as H&C?
No. A PRRA looks at risk if you are removed. H&C is a discretionary request that looks at your circumstances and hardship.
Will H&C stop my deportation?
No, not automatically.
Can I work while I wait?
It depends on your permit and current IRCC policy. Check before your permit expires.
Can a consultant represent me in Federal Court?
No. A lawyer, not an RCIC, must represent you in the Federal Court, although you may represent yourself. An RCIC can help with H&C and other applications to IRCC.
What if my H&C is refused?
Key takeaways
Bill C-12 ineligibility means no IRB hearing, not the end of your options.
You can apply for H&C after an ineligibility finding. The 12-month bar applies only after a refused claim.
A pending PRRA puts H&C on hold; it does not bar it.
H&C does not stop a removal order.
Deadlines in your letter come first.
Gather evidence early.
The bottom line
An ineligibility finding ends the IRB hearing, but it does not necessarily end every option. The order in which you use them matters. Get advice on your dates before you file anything.
Received a Bill C-12 letter? To discuss your situation, you can book a consultation with E-Pathway Immigration, led by Domonic Cheung, Regulated Canadian Immigration Consultant (RCIC, R711344) in Vancouver. Book a case review.
More H&C guides: H&C main page · H&C guide index
Last reviewed: October 2026
Sources: IRCC news release, "New immigration and asylum measures from Bill C-12 have become law" (March 2026); Bill C-12, Strengthening Canada's Immigration System and Borders Act; Immigration and Refugee Protection Act, s. 25; ss. 101 and 112; IRCC, Humanitarian and compassionate considerations.
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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