Changes to asylum system risk adding delays, uncertainty

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In a nutshell

The Immigration Law Section of the Canadian Bar Association is responding to the Regulations Amending the Immigration and Refugee Protection Regulations (Asylum System Reform) published in the Canada Gazette, Part I on June 20, 2026.

The CBA recognizes the need to align the regulations with the legislative changes to the Immigration and Refugee Protection Act pursuant to the Strengthening Canada’s Immigration System and Borders Act, as well as addressing system-wide bottlenecks by streamlining the claim process in support of quicker access to the asylum system, enhanced program integrity, and faster processing of asylum claims. However, several of the amendments are contrary to these objectives by introducing delay, ambiguity, and removal of procedural safeguards such as timely access to a designated representative.

Key concerns

The CBA’s most significant concerns are:

1. While the creation of a designated representative regime for non-Immigration and Refugee Board (IRB) matters is welcome, there are significant concerns as to the additional substitute decision-making power granted to these non-IRB designated representatives, particularly in the absence of an independent oversight body or specialized knowledge or training requirements or a requirement that they act in the best interests of the individual to be appointed.
2. Also of concern is the absence of the ability to appoint designated representatives in either section 44 of the IRPA proceedings or in the pre-RPD referral refugee claim period, leaving vulnerable claimants without needed support and accommodation.
3. The limited time period (60 days with one permitted extension of 30 days) to provide documents including the basis of claim information form is not realistic or reasonable in light of the lived experiences and vulnerability of many refugee claimants.
4. The length of the minister's due diligence process is unfair to the claimants. It has the potential to leave them in indefinite limbo as all time limits have been removed pending a determination of "operational limitations.”
5. The ambiguity in the reinstatement provisions leaves vulnerable claimants without clarity on what is required to reinstate their refugee claim.

Why this matters

The CBA recognizes the significant asylum caseload pressures, however, suggestions on how to streamline the asylum process to lessen these pressures may actually have the opposite effect and create more delays in the system. The CBA’s recommendations aim to balance procedural fairness with improvements in the efficiency and integrity of the asylum system.

Read the full submission.

Note: The CBA is also providing comments on the corresponding draft Rules Amending the Refugee Protection Division Rules.