Federal Court approves case management for refugee law reviews

Ottawa lawyers are preparing a constitutional challenge to a new federal immigration law that requires refugee claimants to file within one year of their first arrival in Canada, after the Federal Court approved case management for related judicial reviews.

The Canadian Association of Refugee Lawyers announced Wednesday that the court has greenlit a process where a single judge will oversee multiple reviews of claims denied under Bill C-12. The law, retroactive to June 24, 2020, applies its one-year deadline to all claims filed on or after June 3, 2025. Government estimates suggest around 30,000 existing claims could be invalidated as a result.

The legislation aims to streamline the refugee system but has drawn criticism for potentially stranding ineligible claimants in indefinite limbo. Toronto immigration lawyer Aisling Bondy highlighted risks for those from countries facing humanitarian crises, such as Afghanistan, Ukraine and the Gaza Strip, where Canada currently suspends deportations.

"They are not put into removal streams, so they don't get the pre-removal risk assessment. They're essentially here in limbo and that can have devastating consequences," Bondy said. She noted...