Unaccompanied minors exempted from Canada’s asylum ban

Canada's one-year ban on asylum claims no longer applies to unaccompanied minors.

On May 19, 2026, Immigration, Refugees and Citizenship Canada (IRCC) instituted a new temporary public policy, exempting unaccompanied minors from the ban on asylum claims filed more than a year after the claimant's entry to Canada.

Under the ban, instituted under Bill C-12, asylum claims made on or after June 3, 2025 are ineligible for referral to the Immigration and Refugee Board (IRB) if filed more than a year after the claimant first entered Canada, for claimants who entered Canada after June 24, 2020.

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 policy also exempts unaccompanied minors from the ban on asylum claims made by claimants who entered Canada across the U.S.-Canada land border outside a port of entry.

The policy took effect on May 19, 2026, and applies to claims where eligibility is decided on or after this date. It runs until the Minister of Immigration revokes it.

The temporary policy was published on the immigration department's website on 20 May, 2026.

Foreign nationals whose claims are ineligible for referral to the IRB can still apply for a pre-removal risk assessment.

What the new temporary policy does

The new public policy exempts asylum claimants who are unaccompanied minors from two provisions introduced in Bill C-12, that would otherwise see their applications rendered ineligible.

These are:

The "one-year" rule: A claim made more than one year after a person first entered Canada, after June 24, 2020, is not referred to the Immigration and Refugee Board (IRB).
The "14-day" rule: A claim made 14 or more days after someone entered Canada irregularly from the United States, between official ports of entry, is not referred to the IRB.

Both rules apply to claims made on or after June 3, 2025.

The May 19 policy creates a carve-out: delegated IRCC officers can now exempt unaccompanied minors from both rules. Their claims can then go through the regular eligibility review. If found eligible, the claim is referred to the IRB for a decision.

Note that unaccompanied minors are one of four groups that were granted exemptions under Canada's Safe Third Party Agreement* with the United States, which governs eligibility for asylum claims made at the US-Canada border. As a result, unaccompanied minors already had an exemption and were allowed to apply for asylum within 14 days of entering Canada, whereas other non-exempted groups were not. However, after the passing of Bill C-12, after these 14 days, unaccompanied minors were at risk of not having their asylum applications moved forward due to new restrictions imposed by the federal government on claimants who file 14 or more days after entering Canada.

The May 19 policy exemption broadens existing protections for this group by ensuring that after these 14 days have concluded, they do not run into roadblocks to file an asylum claim due to newly instituted rules under Bill C-12.

Who this affects

The policy covers a narrow group. To qualify, a person must meet all three of these conditions:

They made a refugee claim in Canada;
They were under 18 when they made the claim; and
They had no parent and no adult legally responsible for them in Canada at that time.

The age test looks at the date of the claim. A claimant who turns 18 later may still qualify if they were under 18 when they filed their asylum claim.

What the policy does not do

The exemption is limited. It does not:

Waive other eligibility rules: Minors must still meet all other requirements of the Immigration and Refugee Protection Act (IRPA).
Change the Safe Third Country Agreement* between Canada and the United States.
Reopen claims that were already found ineligible before May 19, 2026.

*The Safe Third Country Agreement (STCA) is a treaty between Canada and the United States, in effect since 2004, based on the principle that refugee claimants must seek protection in the first "safe" country they arrive in.

In practice, it means a person who is already in the U.S. generally cannot make a refugee claim at the Canada–U.S. land border, because they're expected to claim asylum in the U.S. instead (and vice versa). Since 2023, the agreement has applied across the entire land border, including between official ports of entry, not just at the crossings themselves.

Unaccompanied minors

What you should do

If you are an unaccompanied minor seeking asylum, or you support one:

Make a refugee claim with an officer, as the law requires;
Clearly identify the claimant as an unaccompanied minor during the eligibility review, and within the asylum claim application; and
Be ready to show the claimant's age and that no parent or legally responsible adult is in Canada.

There is no separate form for the exemption.

What happens if a claim is still ruled ineligible?

A claim that is not referred to the IRB does not always end in removal. In most cases, the person can apply for a Pre-Removal Risk Assessment (PRRA). A PRRA reviews the risk a person would face if Canada removed them.

Why did IRCC commit to this change?

During Bill C-12's parliamentary debate, the government committed to creating this exception because unaccompanied minors lack legal guardianship, which can affect their ability to navigate the asylum process and present their case.

The May 19 temporary policy holds that exception in place until a “permanent solution” is set.