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Unaccompanied minors exempted from Canada’s asylum ban

Unaccompanied minors exempted from Canada’s asylum ban
Image via CIC News.

Canada has exempted unaccompanied minors from its one-year asylum claim deadline, effective May 19, 2026. Immigration, Refugees and Citizenship Canada announced the temporary public policy on that date, creating a carve-out from restrictions introduced under Bill C-12 that took effect in June 2025.

The exemption matters because Bill C-12 made asylum claims ineligible for referral to the Immigration and Refugee Board if filed more than a year after the claimant entered Canada — a rule that applied to anyone who entered after June 24, 2020, and filed a claim on or after June 3, 2025. The bill also barred claims made 14 or more days after someone crossed the U.S.-Canada land border outside an official port of entry. Both provisions blocked thousands of late-filed claims from reaching a hearing, as reported by CIC News.

Under the new policy, IRCC officers can now exempt unaccompanied minors from both the one-year rule and the 14-day rule. An unaccompanied minor is defined as a child under 18 with no parent or legally responsible adult in Canada at the time the claim is made. The age test applies on the date of filing — a claimant who turns 18 afterward still qualifies if they were under 18 when they submitted the claim. The policy applies to claims where eligibility is decided on or after May 19, 2026, and remains in force until the Minister of Immigration revokes it.

"Unaccompanied minors are defined in the temporary public policy as children under 18 with no parent or legally responsible adult with them in Canada," the release states.

The exemption affects a narrow group: minors who made a refugee claim in Canada, were under 18 when they filed, and had no parent or legally responsible adult in the country at that time. It does not waive other eligibility requirements under the Immigration and Refugee Protection Act, does not alter the Safe Third Country Agreement between Canada and the United States, and does not reopen claims already found ineligible before May 19. Foreign nationals whose claims remain ineligible can still apply for a pre-removal risk assessment.

If you are an unaccompanied minor seeking asylum or supporting one, make a refugee claim with an officer as required by law. Clearly identify the claimant as an unaccompanied minor during the eligibility review and within the asylum application itself. Prepare to demonstrate the claimant's age and confirm that no parent or legally responsible adult is present in Canada.

Source: CIC News — published 2026-05-20.

A small portion of this article — research support, fact-cross-checking, and copy-editing — was assisted by AI tooling. Editorial decisions, source verification, and final sign-off remain with our team. We cite primary sources from canada.ca for every factual claim.

Last reviewed: May 20, 2026

IRCC.com is an independent news site and not affiliated with the Government of Canada.

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