Canada Exempts Minors From Asylum Rules
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Canada has introduced a temporary public policy exempting unaccompanied minors from two new asylum ineligibility rules introduced under Bill C-12, a move aimed at protecting children who are in Canada without a parent or a legally responsible adult.
The exemption does not apply to all minors automatically. It applies to foreign nationals who are under 18 when they make a refugee claim and have no parent or legally responsible adult with them in Canada. Under the policy, officers may exempt them from two rules that could otherwise prevent their claims from being referred to the Immigration and Refugee Board of Canada.
The first is the “one-year” rule, which makes a claim ineligible if it is filed more than one year after the person first entered Canada, for those who entered after June 24, 2020. The second is the “14-day” rule, which affects people who entered Canada irregularly from the United States between official ports of entry and filed a claim 14 days or more after entering.
The federal government says the new restrictions are intended to reduce pressure on the asylum system and discourage people from using refugee claims to bypass regular immigration pathways. But during the debate over Bill C-12, the government acknowledged that unaccompanied minors face a different situation because the lack of legal guardianship can affect their ability to understand the process and present their case.
In practical terms, the exemption means an eligible unaccompanied child should not have their claim blocked only because they missed the one-year deadline or the 14-day deadline. It does not grant refugee protection automatically. If the claim is otherwise eligible, it may still be referred to the Immigration and Refugee Board, which decides whether the child meets the legal definition of a refugee or person in need of protection.
The temporary policy took effect on May 19, 2026, and applies to claims where eligibility is determined on or after that date. It will remain in place until revoked by the Minister of Immigration.
