Canada Introduces Strong Borders Act to Curb Asylum Abuse, Crack Down on Immigration Fraud
In a significant move to strengthen immigration controls and combat rising asylum fraud, the Canadian government has introduced the Strong Borders Act, a new legislative framework that seeks to enhance border security, fight illegal fentanyl trafficking, crack down on money laundering, and protect the integrity of Canada’s immigration system.
A major focus of the bill is addressing the growing number of international students, especially from India and Africa, who are misusing the asylum process to remain in the country amid tighter immigration pathways.
Spike in Asylum Claims from International Students
According to official data, Canada received 14,000 asylum claims from international students between January and September 2024, out of which Indian nationals filed approximately 2,300 applications. In total, a record 20,245 claims were filed by students in 2024, a number projected to rise further in 2025.
Immigration experts say that several students are misled into believing that they can convert their student visa status into permanent residency by claiming asylum. However, asylum applications based on false pretenses can lead to deportation and long-term entry bans.
“It is a much-needed response to curb fraudulent claims and ensure public safety,” said Kubeir Kamal, a Regulated Canadian Immigration Consultant (RCIC), in a statement to The Times of India. “This measure applies universally, including to students and temporary residents, regardless of whether they left Canada and returned.”
New Restrictions Under the Bill
The Strong Borders Act introduces several key eligibility restrictions aimed at deterring misuse of the asylum system:
- Late claims ineligible: Asylum claims made more than one year after arriving in Canada (from June 24, 2020, onward) will not be referred to the Immigration and Refugee Board (IRB).
- Border-crossing limits: Claims filed more than 14 days after illegally entering Canada from the U.S. by land will also be deemed ineligible.
- In-country decision only: Claims will only be assessed while the claimant is physically present in Canada.
- Inactive cases removed: Dormant cases will be removed from the system, and voluntary departures will be expedited.
- Support for minors: Vulnerable claimants, such as unaccompanied minors, will be assigned legal representatives to guide them through the process.
Those denied on these grounds can still request a Pre-Removal Risk Assessment (PRRA) to ensure they are not deported to unsafe or life-threatening conditions in their home country.
Impact on Indian Students and Broader Immigration Trends
The crackdown comes amid Canada’s broader effort to tighten immigration policies, including:
- A reduction in the number of study permits issued.
- Restricted eligibility for post-study work permits.
- Limited pathways to permanent residency, especially through programs like Express Entry.
As a result, asylum applications are increasingly being viewed by some students as a last resort to remain in Canada, despite the significant legal and ethical risks involved.
Besides India, other major source countries for student asylum claims include Nigeria, Guinea, Ghana, and the Democratic Republic of Congo.
With the IRB backlog now at over 275,000 cases and the processing capacity capped at 80,000 cases annually, delays of over 3.5 years are not uncommon—contributing to what critics say is a system vulnerable to exploitation.
Expanded Powers for Immigration Authorities
The bill also grants sweeping new powers to Immigration, Refugees and Citizenship Canada (IRCC):
- The ability to share applicant information with federal, provincial, and territorial agencies.
- Authority to cancel, suspend, or amend immigration documents.
- Rights to stop accepting or processing applications due to public health or national security concerns.
These new provisions are designed to improve transparency and cooperation across government departments while streamlining case management and reducing fraud.
Government Justifies Measures Amid Migration Pressures
Speaking on the importance of the bill, Immigration Minister Lena Metlege Diab stated:
“Canada is taking action to respond to rising migration pressures. We’re improving security at the Canada-U.S. border and making our immigration and asylum systems stronger, more flexible, and responsive to new and developing pressures.”
She emphasized that the legislation is about maintaining the credibility of Canada’s immigration system while keeping the country safe, secure, and resilient.
Balancing Openness with Integrity
While Canada remains one of the world’s most welcoming countries for immigrants and international students, the Strong Borders Act signals a policy shift—one that seeks to balance open doors with robust gatekeeping.
As the bill moves through Parliament, international students, especially from India, will need to reconsider risky legal shortcuts and rely on transparent, legal pathways for study, work, and immigration in Canada.
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