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Exceptions To Safe Third Country Agreement

Section 102 of the Immigration and Refugee Protection Act (IRPA) authorizes the designation of safe third countries for the purposes of co-responsibility for refugee applications. Only countries that respect human rights and offer a high level of protection to asylum seekers can be designated as safe third countries. Even if they are eligible for one of these exceptions, applicants must meet all other eligibility criteria under Canadian immigration legislation. For example, if a refugee applicant has been found inadmissible in Canada for security, human rights or international rights violations or for a serious crime, that person is not entitled to apply for refugee status. Note: Ineligible applicants are generally removed from the port of arrival in the United States. However, both Canada and the United States may return ineligible applicants to ports other than the port of arrival if there is a local agreement. 4 exceptions for the processing of claims in the third country: the agreement was signed on December 5, 2002 in Washington, D.C. bertin Cété (Vice-Chief of Mission, Embassy of Canada) and Arthur E. Dewey (Assistant Secretary of State for Population, Refugees and Migration, U.S. Department of State). Applicants may not be aware of the absence of exceptions to the agreement.

Ask exploratory questions to ensure that candidates have the opportunity to explore all options. The following questions are just examples and all areas of study need to be studied. U.S. citizens, wherever they reside, and stateless people, when the United States is their usual country of residence, are not covered by the agreement; Therefore, their refugee application cannot be considered ineligible under the A 101(1) point.e. If a person is deported from the United States and transits through Canada, but no refugee applications have been detected in the United States, Article 5, point b) (ii) of the agreement states that they should be returned to the United States to review their refugee claim in that country. As of February 2017, more and more refugees have begun to cross the Canadian border at locations other than official border checkpoints.