Ruth Haines
Asylum in Canada
Asylum seekers can apply for asylum in Canada at a port of entry, including an airport, upon arrival. The Safe Third Country Agreement (STCA) applies to asylum seekers at official and unofficial border crossings. If you have travelled through the United States and cross into Canada at a land border, you cannot make an asylum claim. However, there are exceptions to the STCA. For example, you can apply for asylum in Canada at the border if you have a family member who is a refugee, a protected person, a permanent resident, or a citizen of Canada. If you are already in Canada, you can make an asylum claim online.
| Characteristics | Values |
|---|---|
| Where to apply for asylum | At a port of entry (which includes all airports, seaports, or land borders) upon arrival in Canada or online if already in Canada. |
| Who can apply for asylum | Convention refugees or persons in need of protection. Convention refugees are those who fear persecution in their home country based on race, religion, nationality, political opinion, or social group. Persons in need of protection are those who fear persecution or danger if sent back to their home country. |
| Who cannot apply for asylum | Asylum seekers at official and unofficial border crossings between the US and Canada. This includes those who enter Canada by land or train and those who were denied asylum in the US and fly to Canada. |
| Who can be exempt from the above | Asylum seekers with a close family member in Canada who is a refugee, protected person, permanent resident, or citizen. |
| What to expect at the port of entry | Immigration officers will take your photo and fingerprints, verify your identity, do a security screening, and ask you questions. They will also tell you about the next steps for your asylum application. |
| How to complete the asylum application | You will either be asked to complete application forms at the airport with the assistance of a CBSA officer, be given an interview appointment with an immigration officer at a later date, or be given 45 days to complete the application forms online. |
| What happens after the application | If your claim is eligible, immigration officials will refer you for a hearing before the Immigration and Refugee Board of Canada (IRB). You can also apply for a work permit and access social assistance, education, health services, emergency housing, and legal aid while your claim is pending. |
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What You'll Learn
Safe Third Country Agreement (STCA) exceptions
The Safe Third Country Agreement (STCA) between Canada and the United States came into effect on December 29, 2004, and was expanded in March 2023. The agreement states that refugee claimants must make a claim in the first of the two countries they arrive in, unless they qualify for an exception. Here are some exceptions to the STCA:
Close family members in Canada
One exception to the STCA is having a close family member in Canada. The claimant must prove their relationship to their family members in Canada, and their family members do not need to be physically present at the border but should be able to prove their relationship. The STCA recognizes family members as a spouse or common-law partner, dependent child, parent or step-parent, sibling, grandparent, aunt, uncle, niece, or nephew. The family member in Canada must have a recognized status in the country.
Facing the death penalty
Refugee claimants may qualify for an exception if they have been charged with or convicted of an offence that could subject them to the death penalty in the U.S. or in a third country.
Habitual residents of the U.S.
The STCA does not apply to habitual residents of the U.S. who are not citizens of any country ("stateless persons").
In-transit through Canada
The STCA also does not apply to those seeking refugee protection in Canada who have been refused refugee status in the U.S. and are in transit through Canada after being deported from the U.S.
It is important to note that even if individuals qualify for one of these exceptions, they must still meet the other eligibility criteria of Canada's immigration legislation. The STCA has faced legal challenges, with some arguing that it violates the Canadian Charter of Rights and Freedoms and that the U.S. does not provide adequate safety for refugees. However, as of June 2023, the Supreme Court of Canada has found that Canada's participation in the agreement does not violate Section 7 of the Charter.
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Completing application forms at the airport
If you are seeking asylum in Canada, you can make a refugee claim at a port of entry upon arrival, which includes all airports, seaports, or land borders. However, it is important to note that certain restrictions apply due to the Safe Third Country Agreement (STCA) between Canada and the United States. Under this agreement, individuals seeking asylum are typically turned away at the US-Canada land border and instructed to make their claim in the United States. This agreement applies to official and unofficial border crossings, including land border ports of entry and unofficial crossings such as Roxham Road between Quebec and New York.
If you are arriving by air and are eligible to make a refugee claim in Canada, you will need to complete application forms at the airport with the assistance of a Canada Border Services Agency (CBSA) officer. Here are some important things to keep in mind when completing the application forms at the airport:
- A border services officer will ask you to fill out the application forms. They are responsible for border control and will take your photo and fingerprints, verify your identity, conduct a security screening, and ask you questions to determine your eligibility for asylum.
- Be prepared to provide detailed information about your claim, including any supporting documents or evidence that may be relevant. This may include proof of persecution or danger in your home country, as well as any personal identification documents.
- If you require legal assistance or support, you can request it. You have the right to access legal aid during the application process.
- Ensure that you fully understand the questions being asked and clarify any uncertainties with the CBSA officer assisting you. It is important that you provide accurate and complete information to the best of your ability.
- Ask for clarification on any next steps or follow-up actions that may be required after completing the application forms. The CBSA officer should provide you with information about the asylum application process and any further steps needed on your part.
Remember, the process of completing application forms at the airport can be complex and may vary depending on your specific circumstances. It is always recommended to seek legal advice or consult with a refugee assistance organization to ensure you have the most up-to-date and accurate information for your particular situation.
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Security screening and health checks
If you are seeking asylum in Canada, you can make a refugee claim at a port of entry upon arrival or online if you are already in Canada. If you are arriving at a Canadian airport, you will need to pass through security screening. This includes the following steps:
- Have your boarding pass and photo identification ready for verification.
- Place personal items in bins to be sent through the X-ray machine.
- You will be asked to stand in the full-body scanner (FBS) or pass through the walk-through metal detector (WTMD).
- If you trigger an alarm at the FBS or WTMD, you may be asked to undergo additional screening, which may include:
- A screening officer using a hand-wand device to detect metal objects.
- A partial or full physical search of your person and/or carry-on bag.
- A scan using a full-body scanner.
- Swabbing using explosive trace detection (ETD).
- Random additional screening searches are legislated requirements at all major Canadian airports.
Once you have passed through security screening, immigration officers of the Canada Border Services Agency (CBSA) will take your photo and fingerprints, verify your identity, and do a security screening. They will also ask you some questions to determine if you qualify under a Safe Third Country Agreement (STCA) exception and can make an asylum claim in Canada. If you do not qualify under an STCA exception, you will be turned back and will need to seek asylum in the first safe country you arrived in.
If you are eligible to make a refugee claim in Canada, you will be instructed on how to submit your asylum application. You may be asked to complete application forms at the airport with the assistance of a CBSA officer, or you may be given an interview appointment with an immigration officer at a later date to complete the application. You may also be given 45 days to complete the application forms online, either on your own or with legal assistance.
As a refugee claimant, you will undergo health and security screening, including biographic and biometric checks, as well as security and criminality checks. If your claim is made at the border or an inland office, you will have access to health services while your claim is pending. To be eligible for a work permit, you will need to undergo a medical examination.
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Eligibility and referral for a hearing
Eligibility for asylum in Canada is determined by the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) officials. They will determine whether an individual is eligible to be referred to the Immigration and Refugee Board (IRB) for a hearing.
Factors that determine an individual’s eligibility to make a refugee claim include whether the claimant has committed a serious crime, made a previous claim in Canada, made a claim in another country with which Canada shares immigration information, or received protection in another country.
If the claim is determined to be eligible, it will be referred to the Refugee Protection Division of the IRB for a hearing. In most cases, the foreign national will be released on terms and conditions while they await their hearing.
If an individual is already in Canada and wishes to claim asylum, they will need to create a portal account on the IRCC website and then submit their asylum claim online. A legal representative can help complete the claim or submit it on their behalf.
If an individual is coming from the United States and wishes to claim asylum at the Canadian border, some restrictions apply under the Canada–U.S. Safe Third Country Agreement (STCA). Under this agreement, asylum seekers cannot make a claim at the Canadian border and will be turned back to the U.S. unless they qualify for an exception. Exceptions to the STCA include:
- Having a close family member in Canada.
- Being a U.S. citizen.
- Being a stateless person who has lived in the U.S. for a significant period.
- Possessing a valid Canadian visa, work permit, or study permit.
- Being under 18 and having parents who are not in the United States.
- Facing the death penalty in your country or the United States.
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Seeking legal assistance
If you are seeking asylum in Canada, you may be able to get a lawyer to help with your claim. Each province and territory has a legal aid contact that you can reach out to for more information. You can also find legal aid offices in your area by looking in the telephone book under 'Legal Aid'.
If you are already in Canada, you will need to create an account on the Immigration, Refugees and Citizenship Canada (IRCC) website and submit your asylum claim online. A legal representative can help you complete your claim or submit it on your behalf.
If you are coming from the United States and wish to claim asylum at the Canadian border, you should be aware of certain restrictions. Under the Canada-US Safe Third Country Agreement (STCA) and its Protocol, you cannot make a claim at the Canadian border and will be turned away back to the US unless you qualify for an exception to the Agreement.
If you claim asylum at an official Canadian land border post, immigration officers of the Canada Border Services Agency (CBSA) will take your photo and fingerprints, verify your identity, and perform a security screening. They will ask you questions to determine whether you qualify under an STCA exception and can make an asylum claim in Canada. If you qualify, they will let you enter Canada and provide instructions on how to submit your asylum application.
If you are seeking asylum at a Canadian airport, the STCA does not apply, and you can make a refugee claim at a port of entry upon arrival. CBSA or IRCC officials will determine if you are eligible to be referred to the Immigration and Refugee Board for a hearing. Factors determining eligibility include whether the claimant has committed a serious crime, made a previous claim in Canada, made a claim in another country with which Canada shares immigration information, or received protection in another country.
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Frequently asked questions
Yes, you can apply for asylum at a Canadian airport. A port of entry includes all airports, seaports, and land borders.
Immigration officers of the Canada Border Services Agency (CBSA) will take your photo and fingerprints, verify your identity, do a security screening, and ask you some questions. They will also tell you about the next steps to follow for your asylum application.
You will either be asked to complete application forms at the airport with the assistance of a CBSA officer, be given an interview appointment with an immigration officer at a later date to complete the application, or be given 45 days to complete the forms online.
If you are already in Canada, you can make an asylum claim online by creating an account on the IRCC portal.
Yes, an immigration lawyer or legal representative can help you review your options and complete your application. They can also help you prepare for your interview and represent you at your hearing.
