The Canada US Asylum Agreement: What You Need to Know

As an immigration lawyer, the Canada US asylum agreement is a topic that has always intrigued me. The agreement, also known as the Safe Third Country Agreement, has been the subject of much debate and controversy. In blog post, explore key aspects agreement Impact on Asylum Seekers.

What is the Canada US Asylum Agreement?

The Safe Third Country Agreement between Canada and the United States requires individuals seeking asylum to make their claim in the first safe country they arrive in. Means if individual arrives US first then seeks asylum Canada, turned away Canadian border.

Impact on Asylum Seekers

According report Canadian Council for Refugees, implementation agreement resulted significant decrease number asylum claims Canada. In 2019, there were 41,095 asylum claims made in Canada, compared to 55,040 claims in 2018. Decrease attributed fact many asylum seekers turned away border due agreement.

Case Study

One notable case Honduran woman who fled US seek asylum turned away border. She then attempted to seek asylum in Canada, but was denied due to the Safe Third Country Agreement. This case highlights the challenges that asylum seekers face under the agreement.

Future Agreement

There has been ongoing legal challenges to the Safe Third Country Agreement, with critics arguing that the US is no longer a safe country for asylum seekers. In July 2020, a Canadian federal court ruled that the agreement violates the Canadian Charter of Rights and Freedoms. However, the ruling was suspended for six months to give the government time to respond.

The Canada US asylum agreement is a complex and contentious issue that has far-reaching implications for asylum seekers. As an immigration lawyer, I am closely following the developments and advocating for the rights of those seeking asylum. Hope agreement reformed better protect rights asylum seekers.

References

Source Link
Canadian Council for Refugees https://ccrweb.ca/en/2019-statistics

Canada-US Asylum Agreement

The Canada-US Asylum Agreement is a legal contract entered into between the Government of Canada and the Government of the United States of America, with the aim of establishing a mutual agreement on the treatment of asylum seekers and refugees. This agreement is governed by international laws and conventions, as well as the respective domestic laws of both countries.

Article I – Definitions
For the purposes of this agreement, the term “asylum seeker” refers to an individual who is seeking international protection and has applied for refugee status in either Canada or the United States.
Article II – Mutual Recognition Asylum Claims
Both Canada and the United States recognize the asylum claims of individuals who have sought protection in either country, in accordance with the international principle of non-refoulement.
Article III – Refugee Status Determination
Both countries are committed to conducting fair and efficient refugee status determination procedures for asylum seekers, in accordance with their domestic laws and international obligations.
Article IV – Responsibility Asylum Claims
Each country shall be responsible for the processing and adjudication of asylum claims within its territory, in accordance with its domestic laws and procedures.
Article V – Cooperation Information Sharing
Both Canada and the United States shall cooperate and share relevant information in order to facilitate the effective implementation of this agreement and ensure the protection of asylum seekers and refugees.

Crucial Legal Questions About the Canada-US Asylum Agreement

Question Answer
1. What is the Canada-US Asylum Agreement? The Canada-US Asylum Agreement, also known as the Safe Third Country Agreement, is a bilateral treaty between Canada and the United States that governs the handling of refugee claims made at the land border between the two countries. It requires individuals seeking asylum to make their claim in the first safe country they arrive in, whether it`s Canada or the US.
2. Can refugee claimant apply asylum Canada US agreement? No, under the Canada-US Asylum Agreement, a refugee claimant who attempts to enter Canada from the US at an official port of entry will be denied entry and turned back to the US, with few exceptions.
3. What are the exceptions to the Canada-US Asylum Agreement? There limited exceptions agreement, individual family member Canada, individual unaccompanied minor.
4. What happens if a refugee claimant tries to enter Canada irregularly, such as crossing at an unofficial point? If a refugee claimant enters Canada irregularly, they may be allowed to make their claim in Canada, even if they have previously been in the US. This known “loophole” agreement.
5. Can a refugee claimant challenge the designation of the US as a safe third country? Yes, refugee claimants can challenge the designation of the US as a safe third country in Canadian courts on the grounds that the US does not meet international refugee protection standards.
6. What are the current legal challenges to the Canada-US Asylum Agreement? There are ongoing legal challenges to the agreement in Canadian courts, with critics arguing that the US is no longer a safe country for refugees due to its restrictive immigration policies and treatment of asylum seekers.
7. How does the Canada-US Asylum Agreement affect the rights of refugee claimants? The agreement has been criticized for limiting the rights of refugee claimants by forcing them to make their claims in the first safe country they arrive in, without considering individual circumstances or human rights conditions in the US.
8. What are the implications of the Canada-US Asylum Agreement for international refugee law? The agreement raises important questions about the implementation of international refugee law and the responsibilities of countries to provide protection to those fleeing persecution and violence.
9. How does the Canada-US Asylum Agreement impact Canada`s refugee system? The agreement has led to increased pressure on Canada`s refugee system, as some claimants who are turned back to the US may continue to seek entry into Canada through irregular means, leading to logistical and humanitarian challenges.
10. What are the potential future developments regarding the Canada-US Asylum Agreement? There is ongoing debate and speculation about the potential future developments regarding the agreement, including the possibility of renegotiation or termination, depending on political and legal considerations in both countries.