Immigration law update · Refugee claims
New asylum regulations in force November 3, 2026 set a 60-day deadline to give IRCC the complete claim, with one 30-day extension on request.
Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
- The change at a glance
- What changed
- The complete claim (forms, Basis of Claim information and documents) must be given to IRCC within 60 days after the claim is found eligible.
- In force
- November 3, 2026
- Who it affects
- Refugee claimants whose claims are found eligible under the new process, at a port of entry or inland
- What to do now
- Note your eligibility date and the 60-day deadline; ask for the 30-day extension before it runs out if you need it
- Source
- Immigration and Refugee Protection Regulations, s. 159.8, as amended by SOR/2026-218
As of November 3, 2026, a refugee claimant in Canada must give IRCC the complete claim, including the Basis of Claim information, identity documents and declarations, within 60 days after an officer finds the claim eligible, under section 159.8 of the Immigration and Refugee Protection Regulations as amended by SOR/2026-218. IRCC must grant one 30-day extension if the claimant asks for it in the way IRCC specifies. A claim that is not completed on time is sent to the Immigration and Refugee Board for an abandonment process.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, helps refugee claimants complete their claims and represents them at the Refugee Protection Division.
Before and after
| Before November 3, 2026 | From November 3, 2026 | |
|---|---|---|
| Completing the claim | Basis of Claim submitted with an inland claim, or within 15 days for a port of entry claim | Complete claim to IRCC within 60 days after eligibility (s. 159.8) |
| Extension | Requested from the Refugee Protection Division | One 30-day extension from IRCC, if asked for before the deadline |
| Missed deadline | Abandonment hearing at the Refugee Protection Division | Claim sent to the IRB for an abandonment process (RPD Rules r. 65.1) |
Who it affects
- Refugee claimants whose claims are found eligible on or after November 3, 2026
- Both port of entry and inland claims
Not affected: claims already referred to the Immigration and Refugee Board before November 3, 2026, which continue under the old process.
If this applies to you, book a consultation.
What to do now
- Write down the date your claim was found eligible and the date 60 days later.
- Start the Basis of Claim narrative and gather identity documents now, not near the deadline.
- If you can’t finish in time, ask IRCC for the 30-day extension before the 60 days end.
Full guideRefugee claim not completed within 60 days
Full guideBasis of Claim form: why it decides your refugee claim
A lawyer’s view
Sixty days sounds generous, but the Basis of Claim is the document the whole claim is judged on, and it now has to be finished inside that window along with the identity documents. Claimants who wait for the extension often end up writing the narrative in a rush.
Start the narrative in the first two weeks and get advice early. If an extension is needed, ask for it in writing before the deadline: once the 60 days pass, the claim goes into an abandonment process and the explanation has to come from you.
Pardeep S. Grewal, lawyer, Lawgical Law Corporation
Official sources
- Immigration and Refugee Protection Regulations (Asylum System Reform), SOR/2026-218 (Canada Gazette, Part II, November 4, 2026)
- Rules Amending the Refugee Protection Division Rules, SOR/2026-219 (Canada Gazette, Part II, November 4, 2026)
- IRB: Important changes for refugee claimants: new RPD Rules (November 3, 2026)
Updates to this story
November 13, 2026: published.
Affected by this change? How we can help
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
- Refugee claims and Basis of Claim preparation
- Pre-removal risk assessments (PRRA)
- Stays of removal
- Federal Court judicial review
Offices in Surrey, Abbotsford and Vancouver, BC. Consultations by booking.
This update is general information, not legal advice. Every case depends on its own facts.