Unaccompanied Minors & Canada’s One-Year Refugee Claim Rule

Canada has changed the eligibility rules for some refugee claims. The change matters to people who entered Canada after June 24, 2020, but waited more than one year before making a refugee claim.

The new rule appears in paragraph 101(1)(b.1) of the Immigration and Refugee Protection Act, or IRPA. In simple terms, this paragraph can make a refugee claim ineligible for referral to the Refugee Protection Division, or RPD, if the claimant entered Canada after June 24, 2020 and made the claim more than one year after entry. However, the Government of Canada has now created a temporary public policy for a narrow group of claimants. The policy may protect some unaccompanied minors from this new ineligibility rule.

This article explains the new one-year rule, the public policy, and who may still access the RPD even if a claim is made more than one year after entering Canada.

What paragraph 101(1)(b.1) says

Bill C-12 added paragraph 101(1)(b.1) to IRPA section 101. Section 101 deals with refugee claim eligibility. It tells officers when they cannot refer a refugee claim to the RPD.

Under paragraph 101(1)(b.1), a claim may become ineligible if both of the following apply:

1. The claimant entered Canada after June 24, 2020, and
2. The claimant filed the refugee claim more than 1 year after the date of entry.

The rule also deals with people who left Canada and returned. If a person entered Canada more than once after June 24, 2020, the one-year period starts from the first entry, not the most recent one.

This detail matters. A person cannot usually restart the clock by leaving Canada and returning.

Filing a claim is not the same as an RPD referral

People often say this rule stops someone from “filing” a refugee claim. That wording may create confusion.

The law focuses on referral to the RPD. A person may still try to make a claim. However, if an officer finds the claim ineligible under section 101, the officer must terminate the processing of the claim.

Therefore, the practical result can feel like a refusal to let the person proceed with a refugee claim. Legally, though, the key issue is eligibility for referral to the RPD.

The RPD cannot decide a claim that IRCC or CBSA does not refer to it.

The temporary public policy for unaccompanied minors

On May 19, 2026, the Minister of Citizenship and Immigration signed a temporary public policy for unaccompanied minors. The Canada.ca page was updated on May 20, 2026.

The official title is:

Temporary public policy to exempt unaccompanied minors, in Canada, from having their claim for refugee protection determined ineligible to be referred to the Immigration and Refugee Board of Canada under the new ineligibilities

You may read the official public policy on the Government of Canada website:

Temporary public policy for unaccompanied minors

The policy recognizes a practical concern. Some minors do not have a parent or legal adult in Canada. They may struggle to understand the asylum process, gather documents, and present their case on time.

The policy creates a temporary exemption until the Government reaches a more permanent solution.

Who qualifies under the public policy?

The public policy does not cover every child. It only covers unaccompanied minors who meet the listed conditions.

A foreign national may qualify if:

1. They made an in-Canada refugee claim under subsection 99(3) of IRPA; and
2. They were under 18 years old when they made the refugee claim; and
3. They had no parents in Canada, and
4. They had no adult legally responsible for them in Canada.

All four elements matter.

A 17-year-old living in Canada with a parent will not fall under this public policy. A 17-year-old who lives with a legal guardian in Canada will also fall outside the policy.

The policy focuses on minors in Canada without a parent or a legally responsible adult.

What the exemption covers

The public policy may exempt qualifying unaccompanied minors from two new ineligibility provisions.

• First, it may exempt them from paragraph 101(1)(b.1). This is the one-year ineligibility rule.
• Second, it may exempt them from paragraph 101(1)(b.2). That rule affects some people who entered Canada irregularly along the Canada-United States land border, including waters along or across that border, and made a claim after the relevant regulatory time limit.

This article focuses mostly on paragraph 101(1)(b.1), because many people know it as the “one-year rule.”

Can someone claim refugee protection after more than one year in Canada?

Yes, but only in limited circumstances under this public policy.

A person who has been in Canada for more than one year may still have the claim referred to the RPD if they meet the public policy conditions. In plain language, they must be an unaccompanied minor at the time they make the claim.

For paragraph 101(1)(b.1), the strongest practical summary is this:

A claimant may still proceed despite the one-year rule if they made an in-Canada refugee claim while under 18 and had neither a parent nor an adult legally responsible for them in Canada.

The timing of the age assessment matters. The public policy considers the claimant’s age at the time of the refugee claim. A person who is now 18 or older may face a serious problem if they did not make the claim while still under 18.

The policy does not remove all eligibility issues

The public policy only deals with the listed ineligibility provisions. It does not confer refugee protection on the claimant. It also does not guarantee a hearing or a positive decision.

A claimant may still face other eligibility problems. For example, other section 101 issues may still apply. The claimant must also meet other requirements under IRPA.

If officers refer the claim to the RPD, the RPD must still decide its substance. The claimant must show that they meet the definition of a Convention refugee under section 96 or a person in need of protection under section 97.

Why this policy matters

The one-year rule can affect international students, workers, visitors, and other temporary residents who entered Canada after June 24, 2020. Some people may have had genuine fear for a long time. Others may face a new risk because conditions in their country of nationality have changed. However, paragraph 101(1)(b.1) can still create an eligibility barrier if they waited more than one year after entry.

The public policy gives unaccompanied minors special treatment because they face a unique vulnerability. They may not know the legal deadlines. They may depend on others. They may lack safe adult support. This does not create a general humanitarian exception for adults. It also does not create an exemption for all minors.

Common misconceptions

A child is not automatically exempt from the one-year rule.

The minor must be unaccompanied in the specific sense used by the public policy. They must have neither a parent nor an adult legally responsible for them in Canada at the time they make the claim.

A late claim does not automatically become eligible because the claimant faced hardship. The public policy gives officers authority to grant an exemption only when the claimant meets the listed conditions. It does not create a broad hardship exemption for everyone.

Leaving Canada and returning does not usually restart the one-year period. Bill C-12 added a multiple-entry rule. If the claimant entered Canada more than once after June 24, 2020, the clock starts after the first entry. The policy does not mean the RPD must accept the refugee claim. Finally, the policy only addresses eligibility for referral. The RPD still decides whether the claimant needs refugee protection.

Practical takeaways

People who entered Canada after June 24, 2020, should check the date of first entry before making assumptions about refugee claim eligibility.

For minors, the key question is not only age. The key question is whether the minor had a parent or a legally responsible adult in Canada at the time they made the claim.

For practitioners, the evidence should address the public policy conditions directly. Relevant evidence may include age documents, entry records, family information, guardianship documents, school records, child protection documents, and explanations about the absence of a parent or legally responsible adult in Canada.

For claimants, delay can have serious consequences. Anyone who fears returning to their country should obtain advice as early as possible.

Sources

All sources listed below were accessed on May 25, 2026.

• Government of Canada, Temporary public policy to exempt unaccompanied minors, in Canada, from having their claim for refugee protection determined ineligible to be referred to the Immigration and Refugee Board of Canada under the new ineligibilities
• Parliament of Canada, Bill C-12, Strengthening Canada’s Immigration System and Borders Act, Royal Assent version
• Immigration and Refugee Protection Act, sections 96, 97, 99, 100, and 101