Asylum After CBSA Exclusion Order?

[Calgary555]

Hello Community,


I’m asking on behalf of someone. A friend is in the U.S. on a visitor visa and tried to cross into Canada through Peace Arch Park to claim asylum. He was stopped by CBSA, given a one-year exclusion order, and sent back to the U.S. His asylum claim was not taken.


U.S. authorities told him not to apply for asylum in the U.S., saying that under Trump, asylum cases aren’t being approved right now. Homeland Security let him go and told him that his visa is still valid and that he can try going to Canada again if he really needs to make an asylum claim.


So the question is: if he somehow gets into Canada, can he still apply for asylum? Is he still eligible even though he has a one-year ban from CBSA? I spoke with a lawyer who said that yes, he can still apply for a PRRA if he gets into Canada.


Please advise.

 

[Copingwithlife]

https://www.canada.ca/en/immigratio.../agreements/safe-third-country-agreement.html


The STCA and the Additional Protocol continue to be in effect. People entering Canada from the US along the land border

• are still not eligible to make a refugee claim
• will be returned to the US unless they meet 1 of the relevant exemptions or exceptions under the STCA

The Americans have no clue what they were talking about

It’s irrelevant they never took a claim, the person isn’t eligible to make one

 

[Buletruck]

https://www.canada.ca/en/immigratio.../agreements/safe-third-country-agreement.html


The STCA and the Additional Protocol continue to be in effect. People entering Canada from the US along the land border

• are still not eligible to make a refugee claim
• will be returned to the US unless they meet 1 of the relevant exemptions or exceptions under the STCA

The Americans have no clue what they were talking about

It’s irrelevant they never took a claim, the person isn’t eligible to make one

And on top of that, your friend is specifically banned from entering Canada for a year.

 

[scylla]

Hello Community,


I’m asking on behalf of someone. A friend is in the U.S. on a visitor visa and tried to cross into Canada through Peace Arch Park to claim asylum. He was stopped by CBSA, given a one-year exclusion order, and sent back to the U.S. His asylum claim was not taken.


U.S. authorities told him not to apply for asylum in the U.S., saying that under Trump, asylum cases aren’t being approved right now. Homeland Security let him go and told him that his visa is still valid and that he can try going to Canada again if he really needs to make an asylum claim.


So the question is: if he somehow gets into Canada, can he still apply for asylum? Is he still eligible even though he has a one-year ban from CBSA? I spoke with a lawyer who said that yes, he can still apply for a PRRA if he gets into Canada.


Please advise.

Your friend could apply for PRRA but not asylum.

Is your friend aware of what PRRA is? This is not asylum. PRRA approval rates are generally extremely low. Only somewhere between 3% and 4% are approved.

 

[canuck78]

Would add that trying to enter Canada and then applying for PPRA does not give him the right to work, any form of benefit, etc. If caught by US or Canadian border control he could be returned to the US custody and deported soon after. I am actually surprised they weren’t deported once they were denied entry to Canada and returned to ICE.