Applying Refugee status while visiting Canada second time

[samG777]

Hi All,

Please guide me, I have visited Canada for 3 days last year through US-Canada border,
I never applied asylum the first time because of Canada-U.S. Safe Third Country Agreement.
can i apply asylum upon on my second visit?

Regards,
Sam

 

[scylla]

Do you have family members in Canada?

 

[Rob_TO]

Hi All,

Please guide me, I have visited Canada for 3 days last year through US-Canada border,
I never applied asylum the first time because of Canada-U.S. Safe Third Country Agreement.
can i apply asylum upon on my second visit?

Regards,
Sam

If you were able to enter Canada as a visitor, then the Safe 3rd country agreement no longer applies. You could have claimed asylum once you were physically in Canada. Safe 3rd country is only for those trying to claim asylum at the border, who don't have visa so would otherwise be ineligible to enter.

Are you already an asylum seeker in US?

 

[samG777]

Do you have family members in Canada?

Hi scylla, No i don't have any family member in Canada.

 

[samG777]

If you were able to enter Canada as a visitor, then the Safe 3rd country agreement no longer applies. You could have claimed asylum once you were physically in Canada. Safe 3rd country is only for those trying to claim asylum at the border, who don't have visa so would otherwise be ineligible to enter.

Are you already an asylum seeker in US?

Hi Rob_TO,I didn't know the people who i met gave me the wrong information.
No didn't apply asylum in US, had to come back to my current country of residence.

 

[Rob_TO]

Hi Rob_TO,I didn't know the people who i met gave me the wrong information.
No didn't apply asylum in US, had to come back to my current country of residence.

If you were able to go back to your country of residence and didn't claim asylum when you had the chance in US or Canada, then unless the reason for claiming asylum has very suddenly and recently happened only after you returned home, chances do not look good for a successful claim.

Most real asylum seekers would do so at the very first opportunity they get, regardless of safe country they're in.

It looks like you are simply trying to pick and choose to get into Canada.

 

[samG777]

If you were able to go back to your country of residence and didn't claim asylum when you had the chance in US or Canada, then unless the reason for claiming asylum has very suddenly and recently happened only after you returned home, chances do not look good for a successful claim.

Most real asylum seekers would do so at the very first opportunity they get, regardless of safe country they're in.

It looks like you are simply trying to pick and choose to get into Canada.

Hi Rob_TO, thanks for your advise

 

[samG777]

If you were able to go back to your country of residence and didn't claim asylum when you had the chance in US or Canada, then unless the reason for claiming asylum has very suddenly and recently happened only after you returned home, chances do not look good for a successful claim.

Most real asylum seekers would do so at the very first opportunity they get, regardless of safe country they're in.

It looks like you are simply trying to pick and choose to get into Canada.

Hi Rob_TO, I am not trying to pick and choose, if some one mislead you while you need help then you made mistake, thanks for you advise really appreciate.

 

[Rob_TO]

Hi Rob_TO, I am not trying to pick and choose, if some one mislead you while you need help then you made mistake, thanks for you advise really appreciate.

Then why didn't you apply in USA when you had the chance??

 

[kial]

it depends in your origin country? if the situation has been changed recently.

 

[samG777]

Then why didn't you apply in USA when you had the chance??

Hi Rob_TO,because of new president elected

 

[Rob_TO]

Hi Rob_TO,because of new president elected

Was he put into power before or after you returned home? Since you were already considering claiming asylum while here, I assume he was already in power.

To be considered a refugee you must show specific actions that have been taken against you personally that show a risk to your life. You can't just base a refugee claim on who the president happens to be in your country right now.

A refugee should be unable to return to their home country. By returning to your home country instead of claiming asylum in USA, you have shown you can in fact return to your home country so based on this alone may not qualify as a refugee.

You should research a bit more into what a successful refugee claim will require in your case, before you attempt to claim asylum here. Else you will just find your claim rejected after several years and eventually being deported.

 

[samG777]

Was he put into power before or after you returned home? Since you were already considering claiming asylum while here, I assume he was already in power.

To be considered a refugee you must show specific actions that have been taken against you personally that show a risk to your life. You can't just base a refugee claim on who the president happens to be in your country right now.

A refugee should be unable to return to their home country. By returning to your home country instead of claiming asylum in USA, you have shown you can in fact return to your home country so based on this alone may not qualify as a refugee.

You should research a bit more into what a successful refugee claim will require in your case, before you attempt to claim asylum here. Else you will just find your claim rejected after several years and eventually being deported.

Hi Rob_TO, Thank you so much for your advise.

 

[eeshoo]

Hi Rob_TO , i am in same situation as SamG777 in is. i also visited USA and stayed over there % and half months over there and came back to my country of residence. right now iam in my country and have visitor visa of canada and want to apply asylum in canada. so can i be successful in canada as refugee? please suggest me.

iam from minority and have issue for our community in our country.....

thanks in advance

 

[Rob_TO]

Hi Rob_TO , i am in same situation as SamG777 in is. i also visited USA and stayed over there % and half months over there and came back to my country of residence. right now iam in my country and have visitor visa of canada and want to apply asylum in canada. so can i be successful in canada as refugee? please suggest me.

iam from minority and have issue for our community in our country.....

thanks in advance

When you traveled to USA you had an opportunity to claim asylum there. Instead, you chose to return to your home country. Due to this your refugee claim may not be taken seriously as it looks like you don't really need protection from your home country. A real refugee would have immediately claimed asylum in USA.

You can certainly try to claim asylum when arriving in Canada, however based on your story the chances of success may be quite low. If refugee claim is denied, you'll be deported back to your home country.