Asylum Claims Rise Among International Students in Canada
The country has long been a premier destination for international students seeking quality education and promising future opportunities. However, international students' asylum claims in Canada have been rising significantly. This trend marks an important shift affecting its immigration policies and education system.
Recent data from Immigration, Refugees and Citizenship Canada (IRCC) shows a student asylum claim increase of nearly 14% compared to 2023, with over 13,600 claims filed between January 1 and September 30, 2024. This development has captured the attention of the federal government, universities, and immigration specialists.
Who Handles the Asylum Process: IRCC vs. IRB
The asylum process in Canada involves two key government bodies:
- IRCC: This department handles the initial intake of refugee claims made at ports of entry (e.g., airports or border crossings) and oversees general immigration matters, such as study permits and permanent residency.
- Immigration and Refugee Board (IRB): This is an independent tribunal responsible for deciding whether a claimant meets the definition of a refugee or person in need of protection. Most refugee hearings take place before the Refugee Protection Division (RPD), a branch of the IRB.
In short, the IRCC receives and screens some claims, but the IRB decides whether protection is granted.
How International Students Apply for Asylum
Step 1: Initial Application Stage
International students seeking protection in Canada first file asylum claims with the IRB. At this stage, students must:
- Complete Form BOC (Basis of Claim)
- Submit identity documents
- Provide evidence supporting their personal risk situation
- Schedule an eligibility interview with an immigration officer
Step 2: Eligibility Determination
During the eligibility interview, an officer assesses whether the claim can proceed to the IRB. The officer verifies:
- The applicant's identity
- Whether they're eligible to make a claim in Canada
- If any exclusion grounds apply (such as having refugee status in another country)
Step 3: Case Preparation and Hearing
If deemed eligible, the student must:
- Gather supporting documentation (news reports, personal threats, medical records)
- Secure legal representation (optional but recommended)
- Prepare testimony demonstrating a well-founded fear of persecution based on the following:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Step 4: Refugee Protection Division Hearing
At the hearing, a board member:
- Reviews all submitted evidence
- Conducts questioning of the claimant
- Evaluates credibility and risk factors
- Assesses individual circumstances rather than general country conditions
Step 5: Interim Period and Support
While awaiting decisions:
- Students receive Interim Federal Health Program coverage
- They can apply for work permits to support themselves
- They may access settlement services
- They maintain legal status in Canada regardless of expired study permits
Step 6: Decision and Next Steps
After the hearing:
- Positive Decision: Student receives protected person status and can apply for permanent residence
- Negative Decision: The student may appeal to the Refugee Appeal Division within 15 days
- If Appeal Fails: Removal proceedings may begin, with possible options for humanitarian applications
This comprehensive process balances protection for those with legitimate safety concerns while preserving the integrity of Canada's immigration framework.
Recent Data on International Students Seeking Asylum
Students from other countries seeking asylum in Canada come from diverse regions. IRCC data shows five countries consistently generating the highest application volumes.
According to official Immigration and Refugee Board statistics for 2024:
Key countries with high international student asylum claims referred:
- India (32,563 claims referred)
- Bangladesh (17,239 claims referred)
- Nigeria (16,267 claims referred)
- Mexico (12,891 claims referred)
- Haiti (7,864 claims referred)
Institutional Distribution Across Canada
- Ontario colleges represent six of the top ten institutions with asylum claims
- Conestoga College leads with approximately 520 asylum claims
- Seneca College follows with 490 asylum seekers
- Niagara College recorded 410 asylum claims
- These numbers reflect claims filed in 2024 through September
- The institutions with the highest asylum claim numbers correlate directly with those having the largest international student enrollments
This pattern demonstrates that asylum claims are not evenly distributed across all Canadian educational institutions, but rather concentrate in specific colleges with larger international student populations.
3 Factors Affecting the Increase in Student Asylum Claims
Financial Burdens and Legitimate Safety Concerns
International students in the country face significant financial barriers that may influence asylum decisions. Current tuition rates for international undergraduates average $40,114 per year, which is more than five times the $7,360 domestic students pay. This cost varies by province, with Ontario charging the highest rates at $48,267 annually.
These financial challenges include:
- Limited work permissions (20 hours weekly during school terms)
- High urban living costs in major educational centers
- Family financial responsibilities in home countries
- Minimal access to scholarships and financial aid
Beyond economic factors, many international students have genuine safety concerns about returning home. Political changes, conflict, or persecution may emerge in their home countries while studying in Canada. Students from regions like the Democratic Republic of Congo may face real dangers related to ethnicity, religion, political views, or social group membership.
Recent Restrictions in Immigration and Permanent Residency Options
Immigration, Refugees and Citizenship Canada has implemented several policy adjustments affecting international students' pathways to permanent residence. These changes create uncertainty and have narrowed traditional pathways to settlement.
Key policy changes include:
- Capped Study Permits: In January 2024, Immigration Minister Marc Miller announced a 35% reduction in new international student permits. This caps the number of approved permits at approximately 360,000 for the year, down from over 550,000 in 2023.
- Post-Graduation Work Permit Limitations: The Post-Graduate Work Permit Program has undergone changes. These include stricter eligibility requirements, tighter time constraints, and new limitations on spousal work permits. Some programs no longer qualify for the full three-year permit duration previously available.
- Express Entry Modifications: The Comprehensive Ranking System for Express Entry has seen increased competitive thresholds. Its minimum point requirements have risen from historical averages around 470 to new draws routinely exceeding 500 points. This higher bar makes qualification significantly more difficult for recent graduates.
- Provincial Program Constraints: Many Provincial Nominee Programs have added occupation restrictions, increased language proficiency requirements, and reduced nomination allocations for international student streams.
With traditional economic immigration routes becoming more limited, some students explore their options for remaining in Canada. For individuals who face genuine risks of persecution in their home countries, Canada's refugee protection system offers a critical safeguard, not as an immigration alternative. It is a legal and humanitarian response to real danger.
Misinformation From Unregulated Immigration Consultants
According to the IRCC, many international students receive misleading guidance about their Canadian immigration options. Unauthorized representatives, sometimes called "visa agents," "immigration agents," or "visa fixers," may provide inaccurate information about various pathways, including potentially misrepresenting asylum claims as an immigration option.
These unauthorized practitioners charge fees for immigration assistance despite not being registered with any Canadian governing body. They also have no special connections with immigration officers that would help process applications faster.
Key issues in this area include:
- Unethical Guidance: Some unauthorized consultants falsely promote asylum claims as a guaranteed method to remain in Canada, even when students do not face legitimate persecution.
- Financial Motivations: Unregulated advisors often charge substantial fees for immigration advice while having no accountability or professional oversight.
- Targeting Vulnerable Students: Students facing program completion or visa expiration are particularly vulnerable to misleading information when worried about their future status.
- Official Concerns: Immigration authorities have identified patterns where students file asylum claims shortly after arrival or when facing academic or financial difficulties, suggesting systematic misinformation.
Licensed immigration consultants must follow a professional code of ethics that prohibits them from advising clients to misrepresent information or file unfounded claims. Proper immigration advice should always focus on legitimate pathways based on a student's actual circumstances and eligibility.
Students who submit false information in asylum claims face serious consequences, including:
- Rejection of their application
- Possible removal from Canada
- A ban from entering Canada for at least 5 years
- A permanent record of fraud with immigration authorities
- Future immigration applications may be affected
Applicants must provide honest and accurate information about their circumstances for both education programs and refugee protections to work as intended.
| Why Do Some Students File Asylum Claims Despite the Risks?
Even when the chances of success are low, some students file asylum claims out of desperation or fear.
While these motivations may be understandable, filing non-credible claims can backfire, leading to long-term bans or removal orders. |
Consequences for Canada's Immigration System and Educational Institutions
Backlog and Processing Delays
The increasing volume of asylum claims from international students has created significant challenges for Canada's refugee determination system:
- The Immigration and Refugee Board reported an inventory of 85,300 pending refugee claims as of October 2024
- Processing times now average approximately 24 months for refugee claims
- Older cases (those pending for over 12 months) make up 70% of the current inventory
- Appeals to the Refugee Appeal Division take an additional 12 months on average
- Without recent funding increases, wait times would have exceeded 5 years
This backlog affects all asylum seekers within the system. When resources are stretched thin, the system's ability to quickly identify and protect those facing immediate dangers diminishes. The extended processing times also create prolonged uncertainty for applicants awaiting decisions.
How Colleges and Universities Support International Students
Canadian colleges have adapted their services to support the growing number of more international students seeking information about immigration options.
- Enhanced Orientation Programs: Some colleges now provide more detailed information about legitimate immigration pathways during student onboarding. For example, the University of Toronto offers optional immigration information sessions for international students. These sessions cover topics such as study permit requirements, work authorization, and post-graduation opportunities.
- Increased Immigration Advisors: For instance, Seneca College offers comprehensive immigration advisement services, with support available at multiple campuses (Newnham, King, and Seneca@York) through scheduled appointments and limited drop-in sessions. Immigration specialists and PR strategists are accessible both in person and virtually to address students' immigration concerns.
- Enhanced Verification Processes: Canada now requires designated learning institutions (DLIs) to verify acceptance letters. Between December 2023 and October 2024, IRCC identified over 17,000 invalid acceptance letters. Schools that fail to comply with reporting requirements may face suspension from accepting international students for up to a year.
- Access to Licensed Immigration Advisors: Many institutions now employ Regulated International Student Immigration Advisors (RISIAs) who are specially licensed by the College of Immigration and Citizenship Consultants to guide study permits and related immigration matters for international students.
- Enhanced Transparency Initiatives: Educational institutions are being called to provide clearer, more accurate information to international students about studying in Canada. They focus on realistic details about living costs, employment opportunities during the study, and post-graduation pathways to permanent residence. These efforts address concerns that some students previously received overly optimistic portrayals of these aspects.
These measures aim to ensure international students receive accurate information about their immigration options while studying in Canada. By providing proper guidance early in the educational journey, institutions hope to reduce situations where students feel asylum claims are their only option to remain in the country.
Experienced Legal Support for Refugee Protection Claims
International students in Canada sometimes need to navigate both the education and refugee protection systems. Whether due to changing circumstances in their home country, personal safety concerns, or other protection needs, this process can be complex and challenging.
For those with legitimate protection concerns, Grewal Litigation in Surrey, BC, provides specialized assistance in refugee law matters. With a multilingual team experienced in immigration and refugee law, the firm helps ensure asylum applications are properly prepared with appropriate supporting evidence, significantly improving outcomes in this challenging process.
Call us now to schedule an appointment and receive expert guidance tailored to your specific situation.
Phone: (604) 977-1000
Email: admin@grewallitigation.com
Our Surrey-based team is ready to protect your interests and work toward the best possible outcome for your case.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Surrey’s municipal bylaws vary, and outcomes depend on individual circumstances. Please consult a lawyer at Grewal Litigation to discuss your specific situation.