Owais Crawford
If you are seeking asylum in Canada, there are a few things you should know. Firstly, the Safe Third Country Agreement (STCA) between Canada and the United States may impact your ability to claim asylum at the Canada-US border, including at airports. Asylum seekers are usually turned away at the US-Canada border due to this agreement. However, there are exceptions to the STCA, such as having a close family member in Canada or being a US citizen. If you are arriving by air, you can ask for asylum at the airport when you land in Canada. Immigration officers will take your photo and fingerprints, verify your identity, conduct a security screening, and ask you questions to determine your eligibility for asylum. They will also inform you about the next steps in the asylum application process, which may include completing application forms or attending an interview with an immigration officer.
How to seek asylum in Canada at the airport
| Characteristics | Values |
|---|---|
| Who can seek asylum? | People who fear persecution or danger in their home country based on race, religion, nationality, political opinion, or social group. |
| Where to seek asylum? | At a port of entry, which includes all airports, seaports, or land borders. |
| What is the process? | Claimants will have their photo and fingerprints taken, their identity verified, and they will undergo a security screening. They will then be asked questions to determine if they qualify for asylum and will be given instructions on how to submit their application. |
| What are the Safe Third Country Agreement (STCA) exceptions? | - Having a close family member in Canada. |
| - Being an unmarried minor (under 18) without a legal guardian in Canada or the U.S. | |
| - Having a valid Canadian visa, work permit, study permit, or travel document. | |
| - Being charged with or convicted of a crime punishable by death in the U.S. or another country. | |
| Can I get help? | Yes, an immigration lawyer or legal representative can help review your options, complete your application, and prepare for your interview. |
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What You'll Learn
Claim refugee status at the airport
Most asylum seekers in Canada arrive at airport ports of entry. Upon arrival, you must make a claim for refugee status to border officials at the airport. There are several large international airports in Canada, with Montreal and Toronto being the two biggest hubs for international flights. Montreal Trudeau International Airport and Toronto's Pearson Airport are two of the largest airports in Canada that have witnessed a surge in refugee claims.
When you arrive at the airport, you will be met by security, border control, or immigration staff who will ask you questions about the purpose of your travel, how long you plan to stay, and other details. You should inform them that you intend to seek asylum. Following this, you will be required to undergo an Assessment of Eligibility, which is an interview with government officers to determine whether you meet the specific criteria to proceed with your application. You are not permitted to have a lawyer present during this interview. If you are deemed eligible, you will be allowed to have a refugee hearing before the Immigration and Refugee Board of Canada. However, if you are found to be ineligible, you will be removed from Canada.
It is important to note that seeking asylum at the airport is just one option. Some asylum seekers choose to enter Canada and then make a claim shortly after at an Immigration, Refugees and Citizenship office in their city of arrival. Regardless of the method of entry, asylum seekers must make a claim for refugee status to an immigration official as soon as possible.
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Eligibility interview with a government officer
When seeking asylum in Canada, the first step in the asylum process is an assessment of eligibility, which involves an interview with a government officer. This interview is conducted to ensure that the claimant meets specific criteria to proceed with their application. It is important to note that asylum seekers are not permitted to have a lawyer present during this eligibility interview.
During the eligibility interview, the government officer will ask questions to determine if the claimant meets the requirements to seek asylum in Canada. The officer will assess whether the claimant has committed a serious crime, made a previous claim in Canada or another country with which Canada shares immigration information, or received protection in another country. These factors will help determine the claimant's eligibility to make a refugee claim.
In addition to the eligibility criteria mentioned above, the government officer will also consider the claimant's method of entry into Canada. Most asylum seekers arrive at airport ports of entry and make their refugee status claim to border officials. However, some individuals enter Canada irregularly between designated ports of entry, which can include crossing the US-Canada border without going through official land border posts. It is important to understand that entering Canada irregularly can be dangerous and is considered a violation of the law.
If the claimant entered through an official land border post, the CBSA (Canada Border Services Agency) officers will take their photo and fingerprints, verify their identity, and conduct a security screening. They will determine if the claimant qualifies under an STCA (Safe Third Country Agreement) exception to make an asylum claim in Canada. If the claimant entered irregularly, they will be intercepted by the police, questioned, and then transferred to the CBSA, who will follow similar procedures.
If the claimant is found eligible to make a refugee claim during the eligibility interview, they will be permitted to have a refugee hearing before the Immigration and Refugee Board of Canada. At this stage, they may also access social assistance, education, health services, emergency housing, and legal aid while awaiting the decision on their claim. On the other hand, if the claimant is found to be ineligible, they will be removed from Canada.
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Refugee hearing before the Immigration and Refugee Board of Canada
If you are seeking asylum in Canada, you can make a refugee claim at a port of entry upon arrival, including at an airport. 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 inform you about the next steps for your asylum application.
Now, here is some information about the refugee hearing before the Immigration and Refugee Board of Canada (IRB). The IRB's Refugee Protection Division (RPD) has two separate processes for finalizing less complex claims: the short-hearing process and the file-review process. The purpose of these processes is to allocate an amount of preparation and hearing room time that is proportionate to the complexity of each unique claim. The RPD assesses each individual claim to determine if it is suitable for a short hearing or a file review.
A refugee protection claim that is suitable for the short-hearing process typically has only one or two issues that are determinative of the claim, and the hearing can usually be concluded within two hours. Any claim that meets the criteria set out in the Instructions Governing the Streaming of Less Complex Claims at the Refugee Protection Division can be processed under the short-hearing process.
In specific circumstances, the RPD can accept a claim for refugee protection without a hearing through the file-review process. This process involves a review of the evidence in the file, including confirmation of security screening, the Basis of Claim Form, identity documents, and other relevant evidence and submissions. Claims that appear to be manifestly founded on initial review and can be fairly determined without a hearing are processed this way.
It is important to note that the IRB has strict rules regarding hearing dates and deadlines due to the short timelines for refugee claims. Any changes to your Basis of Claim (BOC) form and other immigration forms must be submitted 10 days before your hearing. If you need to change your hearing date, you must request it as soon as possible or at least three working days in advance. The IRB will only allow changes in exceptional cases, such as for vulnerable claimants or serious medical issues, and you must provide valid proof.
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Resettlement across provinces
When it comes to resettlement across provinces in Canada, there are several important things to keep in mind. Firstly, it is essential to understand the distinction between refugee claimants and resettled refugees. Refugee claimants, or asylum seekers, make a refugee claim at a Canadian port of entry or online, whereas resettled refugees are screened abroad and undergo security and health screenings before being issued a visa to come to Canada as permanent residents.
If you are a refugee claimant who has decided to move provinces while waiting for your claim to be heard by the Immigration and Refugee Board of Canada (IRB), you must take several steps to ensure compliance with Canadian regulations. Firstly, you are responsible for informing the IRB, the Immigration, Refugees and Citizenship Canada (IRCC), and the Canada Border Services Agency (CBSA) of your move, providing them with your new address. Additionally, you must inform the province you are leaving and apply for services in your new province. It is important to note that the provision of support services is generally the responsibility of the provinces and territories, except for health services, which are funded by the Government of Canada through the Interim Federal Health Program.
The Government of Canada and the Province of Quebec offer the Resettlement Assistance Program, which provides essential services and income support to government-assisted refugees. This support is typically offered for up to one year or until the refugee can support themselves, whichever comes first. Basic social assistance rates in each province help determine the amount of money provided for necessities like shelter, food, and clothing. During the first four to six weeks after a refugee's arrival, this program also includes services such as welcoming them at the airport or other port of entry.
It is worth noting that Canada has specific agreements with the United States regarding asylum claims at land border ports of entry. According to the Safe Third Country Agreement (STCA) and its Additional Protocol, asylum claimants who do not meet the exceptions outlined in the agreement and attempt to enter Canada by land or internal waterways will be returned to the US. This agreement has been in place since March 25, 2023, and is a result of global efforts to address the pressures on domestic asylum systems due to increasing international migration.
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Visa requirements for asylum seekers
Asylum seekers typically arrive in Canada at airport ports of entry, particularly in Toronto and Montreal, which are Canada's biggest hubs for international flights. Upon arrival, asylum seekers must make a claim for refugee status to border officials. This process begins with an Assessment of Eligibility, where government officers interview the claimant to determine if they meet the specific criteria to proceed with their application. During the eligibility interview, asylum seekers are not permitted to have a lawyer present.
If an asylum seeker is found eligible to claim refugee status, they will be permitted to have a refugee hearing before the Immigration and Refugee Board of Canada. Those found to be ineligible will be removed from Canada. It is important to note that Canada has specific agreements and processes in place for asylum claims made at land border ports of entry with the United States, which may differ from airport claims.
While seeking asylum at a Canadian airport, individuals may encounter multiple security and immigration checks. They may be questioned about their purpose of travel, financial situation, and intended length of stay in Canada. It is essential for asylum seekers to clearly express their intention to file for asylum and provide honest and accurate information throughout the process.
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Frequently asked questions
Yes, you can seek asylum at a Canadian airport. A port of entry includes all airports, seaports, or land borders.
You can apply for asylum in Canada if you are a convention refugee or a person in need of protection. A convention refugee is someone who fears persecution in their home country based on their race, religion, nationality, political opinion, and social group. A person in need of protection is someone who fears persecution or danger if they are sent back to their home country.
When you arrive at the airport, a border services officer from 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, be given an interview appointment with an immigration officer at a later date, or be given 45 days to complete the application forms online.
Yes, there are some restrictions under the Canada-U.S. Safe Third Country Agreement (STCA). If you are coming from the United States, you cannot make a claim at the Canadian border and will be turned back unless you qualify for an exception. Some exceptions include having a close family member in Canada, being under 18 with parents not in the U.S., and facing the death penalty in your country.
