What Is The Canada Us Safe Third Country Agreement

The debate on the third-country security agreement has for some time become a lightning rod for racist and xenophobic rhetoric. The former Federal Conservative immigration critic urged the Liberal government to close the “gap” and extend the pact across the border. “People who come from a safe country and do not directly flee persecution should not be able to ignore our laws and enter Canada illegally,” Rempel wrote. “If they do, they should be overwhelmed.” McDonald suspended his decision for six months to give Parliament a chance to respond. The agreement is maintained during this period. Under the agreement, refugee claimants must apply in the first country they arrive between the United States or Canada, unless they are entitled to a waiver. For example, asylum seekers who are citizens of a country other than the United States and who arrive from the United States at the land border between Canada and the United States can only assert their rights to refugees in Canada if they fulfill an exception under the Safe Third Country Agreement. In addition to meeting the exemption criteria under the agreement, applicants must meet all other eligibility criteria for immigration legislation for the country in which they apply for status. Although refugees entering Canada at official border crossings are generally returned to the United States, they would not be returned if they crossed at locations between designated ports of entry; In this case, their demands will be heard and many immigration experts see it as a loophole within the agreement. [6] [7] Julie Taub, an immigration and refugee lawyer, says that the Canada Border Services Agency has lost capacity since the agreement was put in place in late 2004 and would be “overwhelmed” if the agreement were repealed. [23] Safe third country conventions are not explicitly mentioned in the 1951 Convention on the Status of Refugees, nor in 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.

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