Hi everybody my case has been denied in USA and right now my case at immigration court.I wanna come to canada and just wanna know if i can apply my asylum there or if I can’t what are the options i have because I don’t wanna live in USA and hate immigration system here.I have a legitimate case.I’ll be really thankful if you guys help me out
Asylum denied in USA can I apply asylum in Canada with illegal entry?
- Thread starter Kashmiri786
- Start date
Canada has just recently introduced changes to it immigration policies and will no longer accept asylum case from people who have already claimed in the US. Unfortunately, your application will be refused before you submit it.
https://www.parl.ca/DocumentViewer/en/42-1/bill/C-97/royal-assent
https://www.parl.ca/DocumentViewer/en/42-1/bill/C-97/royal-assent
Thanks for the info Zardoz and my question wasn’t about accepting I just wanted to know if i can apply and I’ve a solid case and i know I’ll get accepted
Better to see your application through in the US. With the changes to IRPA, a refusal of your application regardless of how solid your case is now guaranteed because of your US claim. Keep in mind, they don’t send you back to the US, they send you back to your home country.
Could you please point out which section in the report indicates about asylum changes and is it imposed?
The bill passed in parliament this summer with no amendments. So it is currently law.
Division 16 of Part 4 amends the Immigration and Refugee Protection Act to
(a) introduce a new ground of ineligibility for refugee protection if a claimant has previously made a claim for refugeeprotection in another country;
Division 16 of Part 4 amends the Immigration and Refugee Protection Act to
(a) introduce a new ground of ineligibility for refugee protection if a claimant has previously made a claim for refugeeprotection in another country;
This part
306 Subsection 101(1) of the Act is amended by adding the following after paragraph (c):
(c.1) the claimant has, before making a claim for refugee protection in Canada, made a claim for refugee protection to a country other than Canada, and the fact of its having been made has been confirmed in accordance with an agreement or arrangement entered into by Canada and that country for the purpose of facilitating information sharing to assist in the administration and enforcement of their immigration and citizenship laws;
gets screwed into the existing legislation as (c.1)
101 (1) A claim is ineligible to be referred to the Refugee Protection Division if
- (a) refugee protection has been conferred on the claimant under this Act;
- (b) a claim for refugee protection by the claimant has been rejected by the Board;
- (c) a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned;
- (c.1) the claimant has, before making a claim for refugee protection in Canada, made a claim for refugee protection to a country other than Canada, and the fact of its having been made has been confirmed in accordance with an agreement or arrangement entered into by Canada and that country for the purpose of facilitating information sharing to assist in the administration and enforcement of their immigration and citizenship laws;
- (d) the claimant has been recognized as a Convention refugee by a country other than Canada and can be sent or returned to that country;
- (e) the claimant came directly or indirectly to Canada from a country designated by the regulations, other than a country of their nationality or their former habitual residence; or
- (f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, except for persons who are inadmissible solely on the grounds of paragraph 35(1)(c).
Yous should look into applying to immigrate through an economic immigration stream like Express Entry based on your level of education, work experience, language abilities, age and funds available to settle yourself in Canada. Canada has a number of different economic immigration programs - however Express Entry is probably the most popular. You would have to apply from the US and then would be able to move to Canada once approved. You can find more information about the Express Entry program specifically in the link below. This is a points-based program and right now those with around 460 points are being selected out of the pool for PR.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/works.html