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Author Topic: If you get deported from the US can you get asylum in Canada  (Read 555 times)
ssanndy
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« on: April 28, 2009, 03:08:27 pm »

If you get deported or place in deportation from the US.... can you apply for refugee status in Canada?
What are the likelihood that you will be approved? The person's home country is haiti
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PMM
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« Reply #1 on: April 28, 2009, 03:32:05 pm »

Hi

If you get deported or place in deportation from the US.... can you apply for refugee status in Canada?
What are the likelihood that you will be approved? The person's home country is haiti

You could but you couldn't at the Canada/US border because of the safe third country provision.  So once you get to Haiti you then have to try to get to Canada, but without a visa, no airline is going to allow you to board.  Found not to be a refugee in the US would have a major impact on the same claim in Canada.

PMM
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ssanndy
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Posts: 113


« Reply #2 on: April 28, 2009, 03:43:28 pm »

Hi

If you get deported or place in deportation from the US.... can you apply for refugee status in Canada?
What are the likelihood that you will be approved? The person's home country is haiti

You could but you couldn't at the Canada/US border because of the safe third country provision.  So once you get to Haiti you then have to try to get to Canada, but without a visa, no airline is going to allow you to board.  Found not to be a refugee in the US would have a major impact on the same claim in Canada.PMM

what if he was a pr in the us .. never applied for asylum in the us , would the safe third country provision still apply?
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morepower
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« Reply #3 on: April 28, 2009, 04:03:46 pm »

You have to apply for asylum in the first country you "reach". You can't just pick your favorite. That not asylum anymore.
If you travel further, obviously over more than one border, they can refuse entry and asylum, just send you back to the other side...
You can read a lot about asylum if u just look up wikipedia...  Only to give you an idea...
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Have a nice day!

MP
PMM
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« Reply #4 on: April 28, 2009, 04:06:09 pm »

Hi

Hi

If you get deported or place in deportation from the US.... can you apply for refugee status in Canada?
What are the likelihood that you will be approved? The person's home country is haiti

You could but you couldn't at the Canada/US border because of the safe third country provision.  So once you get to Haiti you then have to try to get to Canada, but without a visa, no airline is going to allow you to board.  Found not to be a refugee in the US would have a major impact on the same claim in Canada.PMM

what if he was a pr in the us .. never applied for asylum in the us , would the safe third country provision still apply?

Yes, he would be returned to US to make his claim unless he had family in Canada.

PMM
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saullty
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Posts: 8


« Reply #5 on: April 28, 2009, 06:02:27 pm »


what if he was a pr in the us .. never applied for asylum in the us , would the safe third country provision still apply?
[/quote]

Yes, he would be returned to US to make his claim unless he had family in Canada.

PMM
[/quote]

yes he has family in Canada.... does an Aunt counts?
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morepower
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Posts: 62


« Reply #6 on: April 29, 2009, 09:05:49 am »

Why should family count in such a case?
If we would like to live in Canada and has family he should see if there is some way of family class.
I still don't think that he could sucsessfully claim asylum.
They will argument that he should have applied for asylum in the first place- and not x years later...
There are some other questions I am asking myself- why (that's how I understand it) WAS he PR in US?
How did he get the PR in US? And if he was- why didn't he take care of his status?
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Have a nice day!

MP
Leon
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« Reply #7 on: April 29, 2009, 09:56:22 am »

If he has an aunt in Canada and if she lives in Alberta, Manitoba or Saskatchewan, she may be able to sponsor him under family stream PNP.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
morepower
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Gender: Female
Posts: 62


« Reply #8 on: April 29, 2009, 11:10:12 am »

That's exactly what I am saying!
I don't think it would help to go to Canada and apply as refugee. He's gonna be kicked out right away.
Because living a normal live in US for the last years is causing a conflict and will reject his application for asylum.

U got to go there on an official way and not try the back door.

I am also scared about ppls thoughts. How does someone just figure that it would be an option to apply for asylum?
What's his basic thought? Did the person ever have an official, not illegal, status in the US?
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Have a nice day!

MP
Leon
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« Reply #9 on: April 29, 2009, 11:30:53 am »

Even though he never applied for asylum in the US, safe 3rd country still applies.  If he was in the US, he should have applied there.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
ssanndy
Star Member
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Posts: 113


« Reply #10 on: April 29, 2009, 04:36:42 pm »

If he has an aunt in Canada and if she lives in Alberta, Manitoba or Saskatchewan, she may be able to sponsor him under family stream PNP.

i think he has family (aunt/ uncle/ cousin) in quebec
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morepower
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Gender: Female
Posts: 62


« Reply #11 on: April 30, 2009, 08:16:04 am »

ssanndy:
Your question seems to be answered then?
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Have a nice day!

MP
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