Claiming Asylum in Canada in 2026: What Immigration Practitioners Need to Know

Canada’s asylum system has long been a central part of its humanitarian immigration framework and international obligations. But in 2026, the conversation has shifted: is asylum still available? And if so, how accessible is it under evolving policy and processing realities? For RCICs advising clients on protection pathways, understanding the current landscape with up-to-date context and evidence is vital.

This article breaks down recent trends, policy developments, and what these mean for professional practice, grounded in official data and reporting from the past months.

The Asylum System Remains Operational, But Under Strain

First and foremost: yes, asylum is still legally available in Canada in 2026. People may continue to make refugee protection claims at ports of entry and inland offices, and those claims are adjudicated under Canada’s existing refugee determination system. As of 2025, official data shows that the Immigration and Refugee Board of Canada (IRB) continued to receive tens of thousands of asylum claims even as volumes shifted. Detailed figures from IRCC indicate hundreds of thousands of claims over the recent years, from about 92,000 in 2022 to more than 173,000 in 2024, despite some year-to-year fluctuation in early 2025. (Canada)

That sustained volume reflects ongoing global displacement and humanitarian need, and confirms that the system still exists as an active pathway.

Backlog and Processing Realities: A System Under Pressure

One of the defining features of Canada’s refugee system going into 2026 is the magnitude of pending claims and processing delays.

Recent reporting underscores the scale of this challenge: by the end of 2024, the inventory of pending asylum claims awaiting decision at the IRB had swelled to an estimated 272,782 cases. Even with ongoing intake in 2025 and beyond, that inventory suggests that claimants may be waiting years for final decisions, a reality that dramatically affects counselling and client expectations. (Canada)

Backlogs create downstream effects: claimants remain in Canada with open claims, access to work authorization, and implications for health coverage and settlement support, all of which may shape a claimant’s choices and strategies.

Policy Change: Bill C-12 and the Redefinition of Access

Perhaps the most significant policy development shaping practitioner conversations is Bill C-12, introduced late in 2025 and moving through Parliament in early 2026. This sweeping piece of legislation, officially titled the Strengthening Canada’s Immigration System and Borders Act, has been characterized by commentators and policy analysts as a major rewrite of refugee and asylum law in Canada. (VisaHQ)

Key proposed changes under Bill C-12 include:

• Time limits on claims — limiting eligibility for individuals who wait more than 12 months after entering Canada to make a refugee claim. (VisaHQ)
• Strict conditions on irregular entry claims — particularly affecting claims made after irregular cross-border entry from the United States outside a designated port of entry. (VisaHQ)
• Broader enforcement and border authority powers that, critics argue, could influence who gets access to a full refugee hearing. (immigcanada.com)

The proposed changes are controversial. Civil liberties groups, including the Canadian Civil Liberties Association, argue that the bill could create “fundamental unfairness” in the refugee system and violate basic legal protections, especially for people who can’t meet arbitrarily strict timelines. (CCLA)

For RCICs, this means the eligibility landscape could be changing rapidly, and clients who would have met criteria under past policy might find themselves ineligible once the legislation, if passed, comes into force.

What the Data Says About Claim Patterns in 2025–26

Even before Bill C-12 began advancing, asylum trends shifted. Official federal reporting for asylum claims from January to February 2025 showed a roughly 36 % decrease in total claims compared to the same period in 2024, including notable drops in irregular claims. (Canada)

Detailed provincial data reinforces this: Ontario and Quebec continued to record the highest absolute numbers of asylum claimants, while smaller provinces saw comparatively lower volumes. (Canada)

These statistics do two things:

1. They confirm that asylum activity persists across Canada (albeit in varied volumes), and
2. They highlight the dynamic nature of claim patterns — meaning RCICs must stay current on intake trends as well as eligibility law.

How Practitioners Should Navigate the Contemporary Asylum Landscape

For RCICs advising clients in 2026, the practical implications of these trends are significant:

1. Early and precise eligibility assessment is critical.
   With proposed time limits and irregular entry conditions being debated at the legislative level, assessing whether a claimant meets statutory criteria. and doing so before they miss a critical window, is now more important than ever.
2. Client expectations should be carefully managed.
   Given extensive backlogs and processing timelines, claimants should understand that a refugee claim is not a quick route to status. Even genuine claimants may wait years for a hearing and decision, and policy uncertainty adds another layer of complexity.
3. Stay informed on real-time policy developments.
   Legislative shifts like Bill C-12 are not abstract. They have direct consequences for admissibility, hearing access, and risk assessment strategies. Professionals must track changes in law, standing orders, and IRCC/IRB guidelines to give accurate advice.

Beyond Access: Contextual Realities and Public Discourse

Asylum policy doesn’t exist in isolation. Canada’s broader immigration policy direction in 2026 reflects a period of adjustment and tightening across multiple streams, including economic and humanitarian pathways. Government releases and expert commentary signal that authorities are rebalancing selection criteria, intake volumes, and border enforcement strategies as part of a larger “reset” of immigration policy for the mid-2020s. (Canada Immigration Services)

Public debate over immigration, particularly regarding system capacity, housing, and public services, also influences policymaking contexts. This environment demands that RCICs remain alert not just to legal text, but to political and social signals that may shape future regulatory shifts. (Macdonald-Laurier Institute)

Conclusion: The System Is Still There, But Evolving

So, in 2026, is asylum in Canada still available? The evidence says yes, the system continues to admit and process claims against a backdrop of historical volumes and ongoing backlogs. However, access is not static or guaranteed in the same form it was in the past. Legislative reform efforts, processing realities, and shifting claim patterns all point to a more complex and potentially restrictive asylum landscape.

For RCICs, the key takeaway is clear: understanding the current system, statutory eligibility criteria, and real-time policy changes isn’t just helpful, it’s essential for competent client counselling and strategic case planning.

For RCICs looking to strengthen their expertise in refugee and humanitarian immigration, the IPC offers targeted certificate programs. The Certificate in IRB Fundamentals (CIRBF) provides essential knowledge of the Immigration and Refugee Board process, while the Certificate in IRB-IAD Representation (CIRB-IADR) prepares practitioners to represent clients effectively before the IRB. Those advising on humanitarian pathways may also benefit from the Certificate in Humanitarian and Compassionate Considerations (CHCCC). Together, these programs equip immigration professionals with the skills and confidence needed to navigate Canada’s evolving asylum and protection landscape.