Bill C-12 policies and procedures: New refugee claims by ineligible claimants

Refugee claim certificates: As of April 9, 2026, Immigration, Refugees and Citizenship Canada (IRCC) requires inland claimants to apply through the IRCC portal and attach a completed Basis of Claim (BOC) form, even if the claimant is ineligible. LAO will issue standard BOC Preparation certificates to clients barred from the Refugee Protection Division (whether under the two new bars from C-12 or previous bars in s.101(1) of the Immigration and Refugee Protection Act) but need to file a refugee claim and a basis of claim to access the pre-removal risk assessment process.

These certificates will be used to help a client file a claim and complete a basis of claim and narrative. It is expected that this basis of claim preparation work will be useful for the preparation of the client’s pre-removal risk assessment (PRRA) application when that step is reached.

Pre-Removal Risk Assessment certificates: Once the Canada Border Services Agency formally invites the client to apply for an assessment, the client will be eligible to apply to LAO for a pre-removal risk assessment certificate. LAO is working to ensure that these certificates are issued quickly to accommodate the tight timelines to submit PRRA applications.

The tariff maximum for pre-removal risk assessment applications is 10 hours. An additional six-hour block (plus hearing time) is available if a PRRA hearing is scheduled, and an additional six-hour block is available for restricted PRRAs that require submissions on risk balancing.