Ineligible Refugee Claims
Updated September 2026. Current information about ineligible refugee claim Canada based on Canadian legislation and current IRCC and IRB guidance.
What does ineligible mean?
An ineligibility decision means the refugee claim is not referred to the RPD for a merits hearing. It is different from an RPD rejection after a hearing. IRCC or CBSA conducts the eligibility assessment.
Common ineligibility grounds
Current federal guidance lists grounds including recognition as a Convention refugee by another country to which the person can return, protected-person status in Canada, being subject to a removal order, specified previous asylum claims in Canada or another country, certain inadmissibility grounds, and entry from the United States where the STCA applies.
Rules applying to claims made on or after June 3, 2025
A claim may be ineligible if made more than one year after the claimant first entered Canada, where the first entry occurred after June 24, 2020, even if the person later left and returned. A claim may also be ineligible if made more than 14 days after entering Canada between ports of entry along the Canada–U.S. land border. Current federal guidance identifies unaccompanied minors as exempt from these two rules.
Safe Third Country Agreement
The STCA generally applies at the Canada–U.S. land border and, since March 25, 2023, also to persons who cross between official ports and claim within the applicable 14-day period. Family-member and other statutory exceptions or exemptions may apply, but they must be established on the facts.
What happens after ineligibility
IRCC states that an ineligible claim is referred to CBSA and the removal process begins. CBSA determines whether the person is eligible for a PRRA. PRRA eligibility and any stay of removal depend on the statutory and regulatory circumstances.
Work authorization
The effect of ineligibility on work authorization depends on the permit held, the claimant document and current IRCC measures. A person should not assume that an ineligibility decision automatically creates or ends authorization to work.
Reviewing an eligibility decision
Because there is no RPD merits hearing after an ineligibility determination, the legal and factual basis should be reviewed promptly. Depending on the circumstances, Federal Court review, PRRA, removal-related remedies or another immigration process may require consideration.
Get advice before making a claim
Previous immigration history, prior claims, travel through the United States, foreign protection, criminality, security issues and removal history should be disclosed and reviewed before filing where possible.
Official resources
This page provides general legal information, not advice for an individual case. Laws, policies and procedural directions can change. Confirm the requirements and deadlines that apply to your matter.
Refugee law, procedures, country conditions and available remedies can change. Information on this page is general and is not a substitute for advice based on the complete record.