OTTAWA — Mohammed Al Hindi, a Palestinian refugee claimant, is facing the risk of losing his asylum application due to Canada's new border law, C-12. Al Hindi fled the Gaza Strip with his family to escape the ongoing Israel-Hamas conflict. Before this, he spent seven weeks in Canada in the summer of 2023 to donate a kidney to his Canadian sister.
Enacted on June 3, 2025, C-12 stipulates that any refugee claims made after this date will not be referred to the Immigration and Refugee Board (IRB) if filed more than a year after the applicant’s first entry to Canada. This one-year rule is retroactive for entries made on or after June 24, 2020, which poses a significant challenge for individuals like Al Hindi.
Al Hindi's first arrival in Canada was on August 9, 2023, to prepare for the kidney donation. He underwent surgery approximately one month later and left for Egypt on September 23, returning to Gaza on October 2, 2023. Days later, Hamas initiated an assault on Israel, leading to the war that forced Al Hindi and his family to seek refuge in Egypt in the spring of 2024. They managed to escape the conflict zone by paying a smuggling company $17,500.
In February 2025, Al Hindi returned to Canada, with his family joining him in May. He filed for refugee status on September 4, 2025, only to later receive a procedural fairness letter on April 2, 2026, outlining that his initial entry on August 9, 2023, may render his claim ineligible due to the new regulations.
Al Hindi expressed his frustration, stating, “I did a humanitarian act. I didn’t want to stay in Canada in 2023 because there was no reason to stay in Canada.” He emphasized his desire to support his family and maintain a normal life in Gaza prior to the war.
His situation is echoed by an Iranian woman in Toronto, who remains unnamed for security reasons. She first entered Canada in December 2022 to support her son and began working for a media organization critical of the Iranian regime. Following the hacking of the organization’s website in July 2025, her real identity was exposed, resulting in threats against her family in Iran. She filed her refugee claim on October 1, 2025, fearing for her safety if returned to her home country.
According to the Canadian immigration department, an estimated 30,000 refugee claimants may receive procedural fairness letters — which clarify the next steps but do not indicate immediate deportation. An IRCC spokesperson stressed these letters outline how eligibility will be determined. If deemed ineligible, claimants may still seek a pre-removal risk assessment, which evaluates potential dangers if returned home but has a considerably lower approval rate compared to traditional IRB hearings.
Jouman El-Asmar, an Edmonton-based immigration lawyer, criticized the pre-removal risk assessment process, describing it as substantially more burdensome than IRB hearings. El-Asmar noted that several of her clients, including three individuals from Mauritania facing severe threats, had also received procedural fairness letters, reflecting the broader implications of C-12.
For Al Hindi, the prospect of his claim being deemed ineligible places him in legal limbo, as Canada currently is not deporting individuals to the Gaza Strip. He articulated his deep concern about his future, stating, “I’m not sure where I can go. There is no status.” He underscored the dire situation in Gaza, expressing a sense of hopelessness over the lack of basic necessities like healthcare and clean water.
In a statement to a Senate committee, Immigration Minister Lena Diab explained that these new measures aim to deter misuse of the refugee system and expedite processing for those genuinely in need. However, legal experts argue that the legislation sends a stark message to potential asylum seekers, asserting that Canada is no longer a welcoming haven for refugees.
