Owais Crawford
Asylum Seeking in Canada
Asylum seekers can apply for asylum in Canada at a port of entry, which includes airports, seaports, and land borders. At the airport, immigration officers of the Canada Border Services Agency (CBSA) will take the applicant's photo and fingerprints, verify their identity, do a security screening, and ask them questions to determine their eligibility for asylum. If the asylum seeker qualifies under an STCA exception, they will be allowed to enter Canada and will be informed of the next steps for their asylum application.
| Characteristics | Values |
|---|---|
| Where to claim asylum? | At a port of entry or online. A port of entry includes all airports, seaports, or land borders. |
| Who to claim asylum to? | Immigration officers of the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) officials. |
| What happens when you claim asylum? | The immigration officers 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. |
| What are the next steps 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 application forms online, which you could complete on your own or with legal assistance. |
| What is the Safe Third Country Agreement (STCA)? | The STCA, signed between Canada and the United States, requires that refugee claimants seek protection in the first safe country they arrive in. It does not apply to those who arrive from the U.S. by sea or an inland port, such as an airport. |
| Are there any exceptions to the STCA? | Yes, there are four types of exceptions to the STCA: refugee claimants who have a family member in Canada, claimants who are unmarried minors (under 18) and do not have a legal guardian in Canada or the U.S., claimants who have a valid admission document such as a Canadian visa, and claimants who have been charged or convicted of a crime subject to the death penalty in the U.S. or another country. |
| Can I seek legal help? | Yes, an immigration lawyer or legal representative can help you review your options and complete your application. |
Explore related products
What You'll Learn
Safe Third Country Agreement (STCA)
The Safe Third Country Agreement (STCA) is an agreement between Canada and the United States that came into force on December 29, 2004, and was signed on December 5, 2002, in Washington, D.C. The STCA requires that refugee claimants seek protection in the first safe country they arrive in. In other words, asylum seekers must make a refugee claim in the first country they arrive in, which in this case is the United States. This agreement applies to individuals making an asylum claim at a land border port of entry between Canada and the U.S. and to those who enter Canada between ports of entry and make a claim within 14 days of crossing. It does not apply to those who arrive from the U.S. by sea or an inland port such as an airport.
The STCA has been updated several times, most recently in March 2023, with an expansion that allows both countries to work together to manage the flow of refugees between their shared land borders. This expansion sought to limit the number of asylum seekers entering Canada through unofficial entry points and lower the number of entries from the United States. The amendment gave border officers from both countries the ability to turn away refugees who entered either country without meeting one of the four exceptions: family member, unaccompanied minor, document holder, or public interest.
The STCA has faced legal challenges in Canadian courts, with some arguing that it violates the Canadian Charter of Rights and Freedoms. In 2020, the Federal Court of Canada ruled that the STCA was invalid as it infringed on the rights of asylum seekers. This decision was overturned by the Federal Court of Appeal in 2021, which upheld the STCA as constitutional. The Supreme Court of Canada found in June 2023 that Canada's participation in the agreement did not violate section 7 of the Charter but sent the case back to Federal Court to review potential violations of section 15.
While the STCA has reduced the number of asylum seekers crossing at unofficial points along the US-Canada border, it has not decreased the overall number of asylum seekers entering Canada. Instead, it has changed the way they enter the country. Asylum seekers can still claim refugee protection at Canadian airports, seaports, or land borders, and their claims will be processed by the Canada Border Services Agency (CBSA).
Prepaid Sim Cards: Boston Airport Availability
You may want to see also
Explore related products
Application process
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. A port of entry includes an airport, seaport, or land border.
If you are claiming asylum at an official land border post, 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 questions to determine whether you qualify under a Safe Third Country Agreement (STCA) exception and can make an asylum claim in Canada. If you qualify, they will let you enter Canada and give you instructions on how to submit your asylum application. If not, you will not be allowed to enter Canada and will be turned back.
If you are claiming asylum at an airport, CBSA officers 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. To complete the first part of your asylum claim, 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 application forms online, which you can do on your own or with legal assistance. If you are given an interview date with an immigration officer to complete the application process, you can get an earlier interview date by completing the application forms online.
If you are already in Canada, you will have to create a portal account on the website of Immigration, Refugees and Citizenship Canada (IRCC) and then submit your asylum claim online. A legal representative can help you complete your claim or submit a claim for you.
CBSA or IRCC officials will determine if an individual is eligible to be referred to the Immigration and Refugee Board for a hearing. Factors determining 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.
Foreign nationals who are required to leave Canada may be offered a Pre-Removal Risk Assessment (PRRA) by CBSA. Although CBSA starts the process, it is IRCC that conducts the PRRA before an individual’s removal from Canada. A PRRA assesses the risk an individual would face if returned to their home country. All eligible refugee claimants receive a fair hearing at the IRB, an independent, quasi-judicial tribunal. Each case is decided on its merits, based on the evidence and arguments presented.
Cambodia Visa: Airport Availability and Requirements
You may want to see also
Explore related products
Asylum seekers vs. resettled refugees
Yes, you can ask for asylum in Canadian airports. If you are seeking asylum, you will be required to go through a security screening and verification process by the Canada Border Services Agency (CBSA). This includes taking your photo and fingerprints, verifying your identity, and asking you a series of questions to determine your eligibility for asylum in Canada. You may be asked to complete application forms at the airport or be given an interview appointment with an immigration officer at a later date to complete the application process.
Now, to understand the difference between asylum seekers and resettled refugees, let's delve into the details:
Asylum seekers, also known as refugee claimants, are individuals who arrive at a Canadian port of entry, such as an airport, and declare their intention to seek refugee status in Canada. They are assessed for eligibility by the Canada Border Services Agency (CBSA) or Immigration, Refugees, and Citizenship Canada (IRCC). If deemed eligible, they are granted provisional entry. Asylum seekers can apply for refugee protection at the border or after entering Canada. They undergo health and security screenings, including biographic and biometric checks. Asylum seekers may be rejected if they have a criminal history, have claimed asylum in another country with which Canada shares information, or have already received protection elsewhere.
On the other hand, resettled refugees are individuals who are referred to Canada by the United Nations Refugee Agency, designated referral organizations, or private sponsors. They undergo screening and security checks in their home countries and are issued visas to come to Canada as permanent residents. Resettled refugees are typically identified by the United Nations Refugee Agency or private sponsors, who work with the Canadian government to facilitate their resettlement. They may receive support from private sponsors or the government, who provide assistance with housing, clothing, and food.
The key distinction between asylum seekers and resettled refugees lies in the timing and process of their immigration status determination. Asylum seekers declare their intention to seek refugee status upon arrival in Canada, while resettled refugees are identified and processed for resettlement before entering the country as permanent residents.
It is important to note that both asylum seekers and resettled refugees are protected and supported by the Canadian government and international treaties. The Refugee and Humanitarian Resettlement Program assists those seeking protection from outside Canada, while the In-Canada Asylum Program is designed for individuals claiming refugee protection from within Canada.
Drone Flying Restrictions Near Military Airports: What You Need to Know
You may want to see also
Explore related products
Examination at a port of entry
When claiming asylum in Canada, you must appear for an examination at a port of entry, which can be an airport, seaport, or land border. This examination will determine whether you have a right to enter Canada or may be authorized to remain in the country.
The examination will be conducted by the Canada Border Services Agency (CBSA) and will include taking your photo and fingerprints, verifying your identity, and performing a security screening. They will also ask you questions to determine if you qualify for asylum in Canada. If you are seeking asylum at an official land border post, you must meet the requirements of the Safe Third Country Agreement (STCA). This agreement, signed between Canada and the United States, requires that refugee claimants seek protection in the first safe country they arrive in. If you do not meet the STCA's exceptions, you will not be allowed to enter Canada and will be turned back.
If you are already in Canada, you can submit your asylum claim online through the Immigration, Refugees and Citizenship Canada (IRCC) website. You can also seek assistance from a legal representative to help you with your claim.
It is important to note that seeking asylum is a legal right recognized under international law. However, there have been restrictions and challenges to this right, particularly at the US-Canada border. Despite these challenges, asylum seekers can still request protection at designated ports of entry upon arrival in Canada.
Where to Buy Silent Pool Gin at Gatwick Airport
You may want to see also
Legal assistance
If you are seeking asylum in Canada, you may be able to get a lawyer to help you with your refugee claim. Each province and territory in Canada has a legal aid contact that can provide assistance. You can find the contact information for legal aid offices in your area by searching "Legal Aid" in the telephone book or online.
When you arrive in Canada, you can ask for asylum at the airport. Immigration officers from the Canada Border Services Agency (CBSA) will take your photo and fingerprints, verify your identity, conduct a security screening, and ask you questions to determine your eligibility. They will also inform you about the next steps in the asylum application process.
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. Alternatively, you may be given 45 days to complete the application forms online, which you can do on your own or with legal assistance. If you choose to complete the application forms online, you may be able to get an earlier interview date.
It is important to note that if you are coming from the United States and seeking asylum at the Canadian border, certain restrictions apply due to the Safe Third Country Agreement (STCA) between Canada and the U.S. Under this agreement, you cannot make a claim at the Canadian border and will be turned back to the U.S. unless you qualify for an exception. Some exceptions to the STCA include having a close family member in Canada, being under 18 with parents not in the U.S., or facing the death penalty in your country of origin.
Check-in Options for Air Canada Flights at Atlanta Airport
You may want to see also
Frequently asked questions
Yes, you can ask for asylum at a Canadian airport. A Canadian airport is considered a port of entry.
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 then tell you about the next steps 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 application forms online.
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.
