Canada Exempts Unaccompanied Minors from New Asylum Ineligibility Rules

Canada has introduced a new temporary public policy to protect unaccompanied minors from certain asylum claim ineligibility rules.

On May 19, 2026, Immigration, Refugees and Citizenship Canada introduced a temporary public policy that allows unaccompanied minors in Canada to be exempt from two new asylum ineligibility rules introduced under Bill C-12. The policy applies to refugee claims where eligibility is decided on or after May 19, 2026.

This is an important update for children under 18 who are in Canada without a parent or legally responsible adult.

What Changed?

Under Bill C-12, Canada introduced new eligibility restrictions for some refugee claims. These rules apply to claims made on or after June 3, 2025.

The two key rules are:

1. The One-Year Rule

A refugee claim may be found ineligible for referral to the Immigration and Refugee Board of Canada if the person makes the claim more than one year after first entering Canada, and they first entered Canada after June 24, 2020.

2. The 14-Day Rule

A refugee claim may also be found ineligible if the person entered Canada irregularly from the United States between official ports of entry and made the claim after the allowed time limit.

These rules were introduced to reduce pressure on Canada’s asylum system. However, IRCC has now created an exception for unaccompanied minors because they may not have legal guardians or proper support to understand and complete the asylum process.

Who Is Considered an Unaccompanied Minor?

For this temporary public policy, an unaccompanied minor means a foreign national who:

1. Has made a refugee claim in Canada
2. Was under 18 years old when making the claim
3. Had no parent or legally responsible adult with them in Canada at the time of the claim
   
   

The age is assessed at the time the refugee claim is made. This means a person may still qualify if they were under 18 when they filed the claim, even if they turn 18 later.

What Does the New Policy Allow?

The new policy allows delegated IRCC officers to exempt eligible unaccompanied minors from the one-year rule and the 14-day rule.

If the exemption is granted, the child’s refugee claim can continue through the regular eligibility process. If the claim is found eligible, it may be referred to the Immigration and Refugee Board of Canada for a decision.

This does not automatically mean the refugee claim will be approved. It only means the claim may move forward for proper review.

Does This Change the Safe Third Country Agreement?

No. The policy does not change the Safe Third Country Agreement between Canada and the United States.

The Safe Third Country Agreement generally requires refugee claimants to seek protection in the first safe country they arrive in. For Canada, the United States is currently the only country designated as a safe third country. The agreement applies at Canada-U.S. land border crossings and, since 2023, also applies to certain claims made after crossing between official ports of entry.

Unaccompanied minors are already one of the recognized exceptions under the Safe Third Country Agreement. IRCC’s new temporary policy adds further protection by ensuring that eligible unaccompanied minors are not blocked by the new Bill C-12 ineligibility rules.

What the Policy Does Not Do

This exemption is limited. It does not:

1. Waive all refugee claim eligibility rules
2. Guarantee that a refugee claim will be accepted
3. Change the Safe Third Country Agreement
4. Reopen claims that were already found ineligible before May 19, 2026
5. Remove the need to prove age and lack of a parent or legally responsible adult in Canada
   
   

Unaccompanied minors must still meet all other applicable requirements under Canadian immigration and refugee law.

What Should Unaccompanied Minors Do?

If an unaccompanied minor is making a refugee claim in Canada, it is important to clearly identify this during the eligibility review.

The claimant or their representative should be ready to show:

1. The claimant was under 18 when the refugee claim was made
2. The claimant had no parent in Canada
3. The claimant had no legally responsible adult in Canada
4. The refugee claim was made as required under Canadian law
   
   

There is no separate form for this exemption. The issue should be clearly explained as part of the refugee claim process.

What If a Claim Is Still Found Ineligible?

If a refugee claim is not referred to the Immigration and Refugee Board, the person may still have access to a Pre-Removal Risk Assessment, commonly known as PRRA.

A PRRA reviews the risk a person may face if they are removed from Canada. IRCC has confirmed that individuals affected by the new ineligibility rules may still have access to PRRA in many cases.

Why Did IRCC Introduce This Exception?

During the parliamentary debate on Bill C-12, the government stated that unaccompanied minors should be treated differently because they may not have legal guardianship or proper support. This can affect their ability to understand the asylum process, prepare documents, and present their case.

The temporary public policy is intended to keep this protection in place until a more permanent solution is created.