Canada’s C-12 legislation targets asylum system, but raises concerns for international students and workers

Canada’s newly enacted Bill C-12, aimed primarily at tightening asylum rules and strengthening border controls is raising concerns among immigration and education experts, who warn that its sweeping powers could have unintended consequences for immigrants ranging from international students to permanent residents.The law, which received royal assent on March 26, introduces stricter eligibility criteria for asylum seekers and seeks to streamline refugee processing. However, one of its most significant long-term changes lies in the government’s expanded authority over immigration documents and application systems.Under the new provisions, authorities can cancel, suspend or modify large groups of visas or permits, pause or stop accepting applications, and even halt processing already underway all in the ‘public interest’, including cases involving fraud, public health, safety or national security.The Canadian Immigration Lawyers Association (CILA) has flagged serious reservations about the law’s scope, including the fact that it applies retroactively. “Now the federal government will have the power to cancel immigration documents or stop applications whenever it deems it to be in the ‘public interest’. However, the term ‘public interest’ remains undefined in the Act, opening the door to arbitrary actions by the government.”“Students and skilled workers could see their permits cancelled without explanation. Would-be immigrants could be told their applications have been cancelled after they have spent years waiting in line legally. This would hurt the credibility of the immigration system and also unfairly penalize applicants who are following the rules,” stated CILA.From permanent residents to temporary workers and students, India is Canada’s single largest source country across immigration categories. Thus, the sweeping ambit of C-12 is causing anxiety across the diaspora. According to official Canadian data, over 5 lakh Indian students were studying in Canada in 2024, accounting for roughly 40% of the total international student population, making them the largest cohort. While numbers are said to have fallen since then, Indian students remain a significant contingent.Immigration lawyers also point to growing uncertainty. Toronto-based immigration lawyer Zeynab Ziaie Moayyed said the new powers “raise serious concerns about the reliability and predictability of Canada’s immigration programs.”“Over the past nine months, since the bill was introduced, we have already seen growing uncertainty affecting thousands of applicants caught in prolonged backlogs. This legislation will entrench that uncertainty,” she said.Moayyed cautioned that the ripple effects could extend to international students. “Top students will reconsider investing in Canadian education if post-graduation pathways appear uncertain,” she noted, adding that global talent increasingly evaluates destinations based on stability and transparencyMany experts point out that C-12 fails to addresses a structural gap in Canada’s immigration system, instead it just leads to a climate of uncertainity. “Over the past two years, with reduced permanent residency (PR) quotas, thousands of international students who studied and worked in Canada have already left or fallen out of status as their work permits expired. With fewer viable pathways to apply for PR, individuals are more likely to make desperate applications, including humanitarian and compassionate (H&C) applications requests or refugee claims that may not reflect their actual circumstances. In that context, it is not clear that Bill C-12 is addressing a gap. These applications are already assessed on their merits under existing legal frameworks and so would not be approved. ““At the end of the day, this is a structural problem. You cannot admit large numbers of international students without aligning the intake with real pathways to PR or a credible plan for enforcement once their permits expire. The current situation is a direct result of that disconnect. Even with the introduction of powers to cancel applications or eliminate backlogged categories, the real challenge is the enforcement piece. Investigations, enforcement and removal still require resources, time, and due process. The existence of a cancellation power does not, on its own, resolve the operational challenges in the system.”The concerns are echoed in Canada’s higher education sector. A commentary in University Affairs, a Canadian higher education publication, warned that international students could become ‘collateral damage’, as the law allows authorities to suspend or cancel entire categories of study permits, potentially affecting even those already enrolled.CILA adds that C-12 would grant the Governor in Council significantly broader powers — not only to suspend or refuse applications, but also to cancel, vary, or suspend valid immigration documents issued to both temporary and permanent residents. “Such powers, especially as they pertain to permanent residents, raise serious concerns. The cancellation of permanent resident documents must respect established due process rights and be assessed on a case-by-case basis. Blanket regulatory orders driven by political considerations risk undermining the rule of law and fundamental rights,” it stated.