Canada cracks down on asylum abuse: Canada’s bill will stem the rising number of international students seeking asylum

Record surge in asylum claims highlights the struggles of international students amid Canada’s tightening immigration policies

Canada has introduced a new bill – the Strong Borders Act, aimed at enhancing border security, stopping the flow of illegal fentanyl, combat money laundering, and ensuring the integrity of the immigration system.“Amid the wide array of provisions are measures that will curb the rising number of international students—many of them from India—from seeking asylum. Between January and September 2024 alone, nearly 14,000 asylum claims were filed by international students, with Indian nationals accounting for close to 2,300 of these applications.”Several Indian students are misled into believing that they can convert their temporary student status into permanent residency by claiming asylum. The truth is that claims made under false pretexts can result in deportation.To protect the integrity of the asylum mechanism, the bill states that claims made more than a year after arriving in Canada (post June 24, 2020) will not be referred to the Immigration and Refugee Board (IRB). Further, claims made more than fourteen days after entering Canada clandestinely from the US via land borders will also be ineligible. The bill adds that claims will only be decided while the claimant is in Canada, inactive cases will be removed, and voluntary departures will be expedited. However, vulnerable claimants, such as minors, will be assigned representatives to support them during the proceedings.Talking to TOI, Kubeir Kamal, a regulated Canadian immigration consultant (RCIC) said, “It is a much-needed response to curb fraudulent claims and ensure public safety. This measure applies universally, including to students and temporary residents, regardless of whether they left Canada and returned. Affected individuals can still apply for a Pre-Removal Risk Assessment (PRRA) to ensure they are not deported to unsafe conditions. ““The surge in asylum claims by international students, reaching a record 20,245 in 2024 and projected to rise in 2025, is largely attributed to tightened immigration policies, including a significant reduction in study permits, restricted work permit eligibility, and limited pathways to permanent residency. The top source countries for these claims are India, Nigeria, Guinea, Ghana, and the Democratic Republic of Congo. With an IRB backlog of approximately 275,000 cases and a processing capacity of 80,000 claims annually, delays of about 3.5 years exacerbate the issue, pushing international students toward asylum as an alternative to stay in Canada.”The bill gives Immigration, Refugees and Citizenship Canada (IRCC), the country’s immigration agency the authority to share information (such as status, immigration documentation) with federal, provincial and territorial authorities through signed agreements. The agency will also get the right to cancel, suspend or change immigration documents, and to cancel, suspend or stop accepting new applications; or or halt processing of existing applications for reasons of public health or national security.Lena Metlege Diab, Immigration Minister, commented on the bill, “Canada is taking action to respond to rising migration pressures. We’re improving security at the Canada-US border and making our immigration and asylum systems stronger, more flexible, and responsive to new and developing pressures. This is about protecting the integrity of our system while building a safer and more resilient Canada.”