Canada has introduced a new policy regarding asylum claims for unaccompanied minors, exempting them from certain restrictions. On May 19, 2026, Immigration, Refugees and Citizenship Canada (IRCC) implemented a temporary public policy that allows unaccompanied minors to file asylum claims more than a year after entering Canada.

The policy, established under Bill C-12, states that asylum claims made after June 3, 2025, are not eligible for referral to the Immigration and Refugee Board (IRB) if filed more than a year after the claimant’s initial entry into Canada.

Unaccompanied minors are defined as children under 18 who do not have a parent or legal guardian present in Canada with them. This policy also exempts unaccompanied minors from the ban on asylum claims for those who entered Canada through the U.S.-Canada land border outside of an official port of entry.

The new policy came into effect on May 19, 2026, and applies to claims decided on or after this date, remaining in effect until revoked by the Minister of Immigration. It was published on the immigration department’s website on May 20, 2026.

Under this policy, foreign nationals whose claims are ineligible for referral to the IRB can still request a pre-removal risk assessment.

Implications of the New Policy

The new public policy exempts unaccompanied minor asylum claimants from two provisions outlined in Bill C-12 that would otherwise render their applications ineligible. These provisions include the ‘one-year’ rule and the ’14-day’ rule, both applicable to claims made after June 3, 2025.

• The ‘one-year’ rule: Claims made more than one year after entering Canada post-June 24, 2020, are not referred to the IRB.
• The ’14-day’ rule: Claims made 14 or more days after irregular entry from the U.S. are not referred to the IRB.

The policy allows IRCC officers to exempt unaccompanied minors from these rules, subjecting their claims to regular eligibility assessments. If deemed eligible, the claim is then referred to the IRB for a decision.

Target Audience

This policy targets a specific group, requiring individuals to meet three conditions: having made a refugee claim in Canada, being under 18 at the time of the claim, and lacking a parent or legal guardian in Canada during the claim submission.

The age criterion is based on the claim filing date, allowing individuals who turn 18 later to qualify if they were under 18 when submitting their asylum claim.

Limitations of the Policy

While the exemption benefits unaccompanied minors, it has limitations.