Exception To Third Country Agreement

The Safe Third Country Agreement applies to refugee claimants who wish to travel to Canada or the United States at Canada-U.S. border crossings (including rail). It also applies to airports where a person seeking protection in Country B has not been identified as a refugee in Country A and is transiting in Country A as part of his removal. A person who does not need a visa to enter Canada, but who requires a visa to enter the United States, meets an exception to the STCA. If an applicant does not need a visa to enter Canada or the United States, the agreement applies. Conventions on safe third-country nationals are not explicitly mentioned in the 1951 Refugee Convention or the 1967 Protocol on the Status of Refugees. Rather, their legitimacy derives from Article 31 of the 1951 Convention, which states that a refugee should not be punished for illegal entry into a country if he arrives directly from a country where he is threatened. The Office of the United Nations High Commissioner for Refugees (UNHCR) has itself warned against over-interpreting safe third country agreements, although it acknowledges that they may be acceptable in certain circumstances. [22] Such ambiguities have prompted some Canadian legal experts to question the legality of the Canada-U.S.

safe third country agreement. [23] The Immigration and Refugee Protection Act (IRPA) requires ongoing review of all countries designated as safe third countries. The purpose of the review procedure is to ensure that the conditions that led to deportation as a safe third country remain met. Under the agreement, stateless persons whose country of habitual residence is made by the United States are excluded from the agreement; As such, refugee claims made by these individuals cannot be identified as eligible for the A101 (1)).). 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. As of February 2017, more and more refugees have begun to cross the Canadian border at locations other than official border checkpoints. To avoid the effects of the agreement, all refugees at a border crossing would be automatically repatriated to the United States, in accordance with the CAB provisions. [24] Since it is not illegal to cross the border outside a port of entry under the Immigration and Refugee Act or the rules associated with it, as long as the person immediately reports to a Canada Border Services Agency official and st.c.a. does not apply to rights outside a port of entry, these are persons who otherwise are not entitled to assert their rights after an irregular crossing.

possible. [25] In some cases, these refugees have been amputated by frostbite[23] and concerns have been expressed that some refugees may freeze to death while crossing the border. [26] There are several exceptions to the safe-third country agreement.