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Canada safe third country agreement

zechman

Member
Aug 19, 2018
18
0
Hi All
Can someone shed some light on Canada's safe third country agreement for asylum seekers. I understand it primarily runs between Canada and US and there are many exceptions however I am more interested in Europe. For instance if a flight to Canada is taken from Pakistan through UK while having a valid UK visit visa, will it affect the refugee claim in Canada?
Thanks
As long as you have a strong case there should be no problem
 

visatest

Hero Member
May 24, 2016
485
91
London Ontario Canada
Hi, I work in an immigration law firm and can definitely attest that it is less tolerated. A lot of claimants who have been rejected due to the same reason has been trying to hire our firm to represent them on appeal. We accept people who we feel may have a chance pro bono if needed. Those who we feel do not stand a chance can pay for our services should they still wish to be represented by us even after we informed them that their chances are slim to none. We have already fought for one appeal who seemed like such a good chance and lost.

It is good to hear that you became a PR and nice for others to know as well but we should always note that every claim is different. We try to give the worst possible scenario to better prepare people. Fact is, once something is abused, it starts to fail. Asylum shopping is fast becoming abused and so more and more fail.
Also people have to realize WHO PAYS FOR THIS. I do, I have been paying Canadian taxes for fifty years. Asylum shopping just consumes MY MONEY, clogs up the system and is a hopeless exercise. I don't want to pay for this. I will help out somebody who is in danger of dying but really don't have much sympathy for someone who thinks the Gulf is pretty neat and simply doesn't want to go home. A person that wants to spend MY DIME looking for Valhalla. This sounds a bit bitter but what would you do if the tables were turned. Pay for me? I doubt it.
 
Last edited:

maddy044

Full Member
Jan 22, 2016
36
34
You have every right to be concerned about where your tax money is spent and so am I. The fact is though, that as long as Canada accepts immigrants she will have to accept refugees and as long as refugees come in there will be a percentage that is abusing the system. My point is that immigration is a whole package. Furthermore the majority of the influx is people bringing in valuable skills and filling in labour market skill gaps throughout Canada. The $400 million of our tax money spent on refugees compared to the socio-economic benefits of immigration is a small price to pay. Keep in mind that a lot of these refugees will eventually become tax payers and contribute to society just like any other Canadian, while a big percentage starts contributing as soon as they land.

Another angle to consider is the lowest in history fertility rates in Canada and so much of the population turning old. Without immigration the Canadian economy is unsustainable and that is a hard fact for some to digest. So while you can argue on a case-by-case basis that this person is using your free healthcare and this next person is claiming unemployment benefits unfairly the bigger picture should never be avoided.

I also want to point out that many times i see on this forum: people in so much distress being bashed by small minded individuals and that’s sad because there’s such a thing as human to human sympathy far above which nationality you belong to. If you can’t help somebody atleast don’t humiliate people for your own gratification because somehow you feel cheated by the system or aren’t happy about how things are being run, you should excercise your right to vote and make a difference rather than bashing people who already have so much on their plate.
 
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Rahim khan

Hero Member
Mar 10, 2019
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I left my asylum case in USA because it’s 4 year that my case is pending and I separate from my family, I came to Canada and I received refugee claimant pepper , I have vary strong case and also I submitted medical examinations what is next process? What you think I’m eligible to get PR ?
 

Rahim khan

Hero Member
Mar 10, 2019
393
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london
Category........
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Yes
Pre-Assessed..
Yes
I left my asylum case in USA because it’s 4 year that my case is pending and I separate from my family, I came to Canada and I received refugee claimant document . I have vary strong case and also I submitted medical examinations what is next process? and How long will take to get PR , also my pending asylum in USA not affect for my refugee claimant?
 

Bornlucky

Hero Member
May 15, 2018
610
467
I left my asylum case in USA because it’s 4 year that my case is pending and I separate from my family, I came to Canada and I received refugee claimant document . I have vary strong case and also I submitted medical examinations what is next process? and How long will take to get PR , also my pending asylum in USA not affect for my refugee claimant?
You've made a refugee claim in Canada and someone will eventually determine if you get accepted or denied. Will you get Permanent Residence or will you be deported? It depends on the decision, so why not Google what the process stages are for refugee claimants?

How will your claim be viewed now that you have abandoned your claim in the USA? It isn't a positive, but it isn't determinative either. The real measure will be your "strong case" and how the evidence that you have supports your claim.
 

visatest

Hero Member
May 24, 2016
485
91
London Ontario Canada
You have every right to be concerned about where your tax money is spent and so am I. The fact is though, that as long as Canada accepts immigrants she will have to accept refugees and as long as refugees come in there will be a percentage that is abusing the system. My point is that immigration is a whole package. Furthermore the majority of the influx is people bringing in valuable skills and filling in labour market skill gaps throughout Canada. The $400 million of our tax money spent on refugees compared to the socio-economic benefits of immigration is a small price to pay. Keep in mind that a lot of these refugees will eventually become tax payers and contribute to society just like any other Canadian, while a big percentage starts contributing as soon as they land.

Another angle to consider is the lowest in history fertility rates in Canada and so much of the population turning old. Without immigration the Canadian economy is unsustainable and that is a hard fact for some to digest. So while you can argue on a case-by-case basis that this person is using your free healthcare and this next person is claiming unemployment benefits unfairly the bigger picture should never be avoided.

I also want to point out that many times i see on this forum: people in so much distress being bashed by small minded individuals and that’s sad because there’s such a thing as human to human sympathy far above which nationality you belong to. If you can’t help somebody atleast don’t humiliate people for your own gratification because somehow you feel cheated by the system or aren’t happy about how things are being run, you should excercise your right to vote and make a difference rather than bashing people who already have so much on their plate.
My point was not putting down immigrants or refugees. I am not out to humilate anyone. I am just pointing out that you can only put so much money in a program. It would be great if we all had mansions, all had the perfect job and everyone had free medical care. But we simply can't support floods of people from countries with close to a billion people. We are as generous as we can be. But this is OUR country, we paid for it and we can only pay for so many guests. My overall point is you can't expect a country of 35 million to have the tax base to throw open the doors. I'm not putting anyone down. I am simply talking economics. What we are doing now is just about maxing things out.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
35 million sounds pretty low for the vast amount of land we have. Lol . I just did a coast to coast roadtrip and realized how big our country is! Let them come man because even if you say anything, it won't make a difference. I am glad at least CIC is focusing on programs like rural and northern immigration pilot. A white man talking about immigration is automatically racist, what you gonna do? Lol
Not getting into your previous discussion. Given that there is freedom of movement doubt the rural and northern programs will actually be effective. Tons of people who received PR through SINP, NBPNP, NSPNP, etc. because it was easier but who moved to one of the larger provinces and cities right away. They never intended to stay in the original province it was just a way to secure PR. Think refugees and immigrants are always going to be likely to want to move to an area where they have access to their own communities. Just look at Brampton, Richmond and Burnaby which continue to attract a large number of immigrants from certain ethnicities. Many postings on this forum which indicate that new PRs are only considering an area where there are a large group of certain ethnicity and religion. In general with automation replacing a lot of jobs we will have to find the sweet spot in terms of immigration. Just because we have the room doesn’t mean we need to grow our population by huge numbers yearly. We also need to fix our current infrastructure before paying to create new infrastructure. These are tough calculations to do but hopefully people are butting some thought into it. The increase of asylum seekers in the past 3 years indicates that we can’t deal with huge influxes of people that may need more help whether it be financial, medical, language, education, etc. The 70K asylum applications is taking forever and costing at least a billion dollars between federal, provincial and municipal budgets.

Some Sunday morning thoughts
 

russ6970

VIP Member
Sep 14, 2017
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I think the PNP program should have stricter rules. As you say, people are just applying for it and then moving, which highlights the fact that the program isn't working. You should have a time limit to stay in your chosen province (barring understandable circumstances). If I never had a spouse here, I was going to go for the PNP for Newfoundland. I actually want to live here.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Restrictions on freedom of movement is unconstitutional and probably such a thing would never happen. I personally think, what needs to be done is creating awareness. The government needs to create awareness and give the immigrants an environment where they can thrive. Blending in to a different culture is something which is difficult for any person and that's probably the reason ghettos like Brampton have emerged. People probably feel safer when they are in a community of their "own" people. It's more about human psychology and probably has nothing to do with socio-economic factors.
Asylum seekers are in danger, it's necessary to protect them and considering the margin of error in processing applications, some fake applicants will get through and there is not much which can be done about the huge amount of such applications which come in unless the US Govt. owns up to it and tries to solve the problem. Fun fact: Canada deports more people than the states. How much federal spending goes on this? This should actually be a spending coming of US Tax payers and not Canadian as they are just transferring their problem here.
The federal dollars can be better used to curb issues at home imo like homelessness, addictions, buildingbbetter infrastructure and all but at the end of the day, it's human life which matters most and when it comes to that, it shouldn't matter if it's life of a Canadian or a foreigner.
We are talking about normal skilled immigrants it is a well known fact that tons of skilled immigrants and consultants apply for provincial nomination programs never intending to live and work in these provinces. The only reason they applied for SINP or NBPNP (plus others) was because it was much easier to be selected. Provinces use the PNP programs to fill labour shortages which then go infilled and places like Toronto keep growing.

Many of the asylum seekers being deported have criminal records or were never really in danger they were just looking for a better life and thought they would try their luck. Yes deporting people is expensive. If you don’t have a system though more people will arrive.
 

Bornlucky

Hero Member
May 15, 2018
610
467
Restrictions on freedom of movement is unconstitutional and probably such a thing would never happen. I personally think, what needs to be done is creating awareness. The government needs to create awareness and give the immigrants an environment where they can thrive. Blending in to a different culture is something which is difficult for any person and that's probably the reason ghettos like Brampton have emerged. People probably feel safer when they are in a community of their "own" people. It's more about human psychology and probably has nothing to do with socio-economic factors.
Asylum seekers are in danger, it's necessary to protect them and considering the margin of error in processing applications, some fake applicants will get through and there is not much which can be done about the huge amount of such applications which come in unless the US Govt. owns up to it and tries to solve the problem. Fun fact: Canada deports more people than the states. How much federal spending goes on this? This should actually be a spending coming of US Tax payers and not Canadian as they are just transferring their problem here.
The federal dollars can be better used to curb issues at home imo like homelessness, addictions, buildingbbetter infrastructure and all but at the end of the day, it's human life which matters most and when it comes to that, it shouldn't matter if it's life of a Canadian or a foreigner.
Hi - your remark regarding the free movement of permanent residents and Canada's Charter are bang on, and indeed there was an attempt to impose terms and conditions upon PRs so that they remained within certain geographical boundaries and this was struck down by the FCC in the 1980s. I believe that it was a Sri Lankan doctor in Newfoundland but it doesn't matter really as it won't return.

I'm not certain about your fun fact regarding removals but another fun fact is that Canada used to deport more US citizens than any other nationality and I will guess that this remains so.

Despite its detractors, Canada operates a pretty slick immigration program attracting quality immigrants through a variety of streams, and without being a conservative myself, people can actually thank the see-saw, Liberal/Tory governments where both progressive and restrictive legislation, regulations and policies actually work pretty well (when funded). These differing governments have generally added their touches and they don't change dramatically as government changes hands as each keeps what works practically and politically.
 

mafghan

Full Member
Oct 24, 2022
45
7
Hi,

I need help with some clarifications regarding US-Canada Safe Third Country Agreement - Family Member Exceptions

I need help to correctly understand the below:

"Refugee claimants may qualify under this category of exceptions if they have a family member who:
  • is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination. (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB or found ineligible for referral to the IRB.)
My case: I have my wife and son (20 Years old) in Canada. They have claimed asylum and received the below document

Acknowledgement of Claim and Notice to Return for Interview: The content of this document states that, "This notice acknowledges that the Government of Canada received your refugee claim on XXX Date.

Just wanted to double check if the above document (Acknowledgement of Claim and Notice to Return for Interview) means that: claim for refugee protection that has been referred to the IRB for determination.
 

scylla

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Jun 8, 2010
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Hi,

I need help with some clarifications regarding US-Canada Safe Third Country Agreement - Family Member Exceptions

I need help to correctly understand the below:

"Refugee claimants may qualify under this category of exceptions if they have a family member who:
  • is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination. (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB or found ineligible for referral to the IRB.)
My case: I have my wife and son (20 Years old) in Canada. They have claimed asylum and received the below document

Acknowledgement of Claim and Notice to Return for Interview: The content of this document states that, "This notice acknowledges that the Government of Canada received your refugee claim on XXX Date.

Just wanted to double check if the above document (Acknowledgement of Claim and Notice to Return for Interview) means that: claim for refugee protection that has been referred to the IRB for determination.
This exception doesn't apply to you since all of you claimed asylum together. It would only apply if (for example) your wife was already in Canada and had an ongoing refugee case in Canada, and then you and your son entered separately at a later date.

Didn't you enter at an irregular border crossing? The safe third country agreement only applies to regular border crossings to the best of my knowledge.
 

mafghan

Full Member
Oct 24, 2022
45
7
This exception doesn't apply to you since all of you claimed asylum together. It would only apply if (for example) your wife was already in Canada and had an ongoing refugee case in Canada, and then you and your son entered separately at a later date.

Didn't you enter at an irregular border crossing? The safe third country agreement only applies to regular border crossings to the best of my knowledge.
My wife and my son entered Canada through irregular border and they have submitted their Asylum Claim.

I am currently in US and I want to join my wife and husband and wish to enter through regular border.

My understanding is that I am eligible but I am slightly confused by this, "has a claim for refugee protection that has been referred to the IRB for determination". Logic tells me that once you submit a claim, its automatically referred to IRB, I am bit confused if refugee claim submission is a separate process to claim referral to IRB.

To me, its one single process. Just wanted to double check to avoid troubles.
 

scylla

VIP Member
Jun 8, 2010
92,895
20,518
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My wife and my son entered Canada through irregular border and they have submitted their Asylum Claim.

I am currently in US and I want to join my wife and husband and wish to enter through regular border.

My understanding is that I am eligible but I am slightly confused by this, "has a claim for refugee protection that has been referred to the IRB for determination". Logic tells me that once you submit a claim, its automatically referred to IRB, I am bit confused if refugee claim submission is a separate process to claim referral to IRB.

To me, its one single process. Just wanted to double check to avoid troubles.
Ah - my mistake. In that case I think you should qualify under the exception. However I'm not a lawyer and you should really check with a lawyer to be sure.