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Coming from the U.S. to claim refugee status in Canada

JusticeSeeker

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Mar 26, 2011
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I am a journalist, and I did my 2-years master's degree in the U.S. My home country is one of the worst places to be a journalist on the face of the earth. While I was in the U.S., I published several articles on the Internet, ran a blog and a website, which contain articles critical of my government.

I want to come to Canada with visitor visa and apply to refugee status. I prefer Canada to the U.S. as a place to live in. This is the reason why I am not applying for refugee status in the U.S.

By applying to refugee status in Canada, am I not breaking Third safe country agreement between Canada and the U.S.?

Thank you very much for your responses.
 

scylla

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JusticeSeeker said:
By applying to refugee status in Canada, am I not breaking Third safe country agreement between Canada and the U.S.?
That's right. Due to the safe third country agreement, you do not qualify as a refugee in Canada.

In other words, your plan won't work. However you can certainly pursue other avenues for immigrating to Canada (e.g. skilled worker).
 

JusticeSeeker

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Mar 26, 2011
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scylla said:
That's right. Due to the safe third country agreement, you do not qualify as a refugee in Canada.

In other words, your plan won't work. However you can certainly pursue other avenues for immigrating to Canada (e.g. skilled worker).
Thank you, Scylla.

The Safe Third Country agreement makes certain exceptions, which also include visitors coming from the U.S. with proper visa except transit one. Cannot I apply to refugee status under this category?
 

scylla

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The exemptions are posted here:

http://www.cic.gc.ca/English/department/laws-policy/menu-safethird.asp#exceptions

If you feel that you might qualify under one of the exemptions, your best bet would be to speak with a lawyer to confirm.

Good luck.
 

macthepak

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Feb 13, 2011
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Re: student visa rejected,will apply again,,,good idea?

Hey! Great plan. Student visa usa write something nasty about your home country on the web and than claim asylum. Nice plan! You engineered it very well and you knew what you were doing at every stage just like now.
 

newtone

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Re: student visa rejected,will apply again,,,good idea?

macthepak said:
Hey! Great plan. Student visa usa write something nasty about your home country on the web and than claim asylum. Nice plan! You engineered it very well and you knew what you were doing at every stage just like now.

Wonderful and guess who'll foot the bill for your food, clothing and shelter...tax payers :)
 

JusticeSeeker

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Mar 26, 2011
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Come on, guys. Don't be too sarcastic.

It is not only your Canada. it is peoples' Canada. What makes Canada great is its openness to suppressed people of the world. Otherwise, it could not have achieved its status of today; in that case, you would not, probably, be sitting like that worrying about your taxes.

You can't even imagine what torture is behind dark and cold walls... You don't need to worry about cheaters. There is IRB that takes care of it.
 

Leon

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There are a lot of cheaters though. It is amazing how many people ask on forums how easy would it be to claim refugee status or if it is ok to go and visit their homeland while they are waiting for processing of their refugee status or how they can manage to stay and immigrate after their refugee claim has been denied. Each of these people are taking resources from immigration which could have been used to process real refugees or make the immigration process faster for everybody else and many of them are also taking welfare which is not a lot per person but sure adds up. You see why we don't like cheaters.

If you have a genuine refugee claim, why don't you want to apply in the US? Do you think Canada would be easier? Is that what you mean by "status Canada has achieved"?
 

toby

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JusticeSeeker said:
Come on, guys. Don't be too sarcastic.

It is not only your Canada. it is peoples' Canada. What makes Canada great is its openness to suppressed people of the world. Otherwise, it could not have achieved its status of today; in that case, you would not, probably, be sitting like that worrying about your taxes.

You can't even imagine what torture is behind dark and cold walls... You don't need to worry about cheaters. There is IRB that takes care of it.

I’ll agree that those who disagree with your approach should express themselves without sarcasm – which never convinces but only offends the target, and makes him more determined.

However, I do find a bit self-serving your assumption that Canada is there for “people’s” (i.e. anyone) to migrate to – where they will place an added burden on taxpayers. That line of logic would lead to the inevitable destruction of all social programs in countries like Canada, dragged down by hordes of takers flocking to Canada for freebies.

The question – are you really a refugee? – is a difficult one. Some would say you created the situation to gain a visa where otherwise you would not. Others would cut you more slack, and say you followed your conscience, and deserve refuge. I’m not sure where I stand on this point; I think I’d need to interview you to try to determine your true motive. A good analogy is marrying and applying for a visa. Sometimes the visa officer’s decision turns on the motive for marrying: was it primarily for love, or for a visa?

And I must demur when you say that Canada is great only because it admits refugees. You may be right, but not based on any evidence or argument you have presented. I’d agree with you if you said that Canada is great because many immigrants move to its shores (although I expect that First Nations peoples would not agree the result has been favourable). But Canada screens “normal” immigrants, trying to ensure that they will contribute to Canada’s well-being, not drain its coffers demanding welfare, committing crimes, etc.

In contrast, refugees are admitted based on entirely different criteria, and so Canada cannot try to admit only the future contributors, weeding out the likely takers. (This is an entirely different and complex topic; no room to delve into it here.)

So … Canadians are rightfully skeptical of anyone who manufactures a refugee situation. If the refugee is in truth a schemer, chances are he or she will not be a positive influence in Canadian society. (This, too, is part of that larger topic I won’t delve into here.)

You say: : You can't even imagine what torture is behind dark and cold walls... You don't need to worry about cheaters. There is IRB that takes care of it."

Wrong-o. We do indeed need to worry. The IRB is almost powerless to pursue cheaters: those who marry for a visa, and jilt their Canadian spouse at the airport; those who lie lie in their applications; etc etc. And the overall result is that those who submit questionable applications slow down the process for authentic applicants, by pushing CIC to be more thorough, more suspicious, and – MORE SLOW!!!
 

YorkFactory

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JusticeSeeker said:
It is not only your Canada. it is peoples' Canada.
No, it's Canadians' Canada. Period.

There is not a fundamental human right to live in Canada, unless you're Canadian.
 

JusticeSeeker

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Mar 26, 2011
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Probably, you guys are right. I don't like to be burden on some people's shoulder. Even though I earn my own livelihood and even I pay my taxes to the government, I don't like to be pointed at that I was sometime a burden on Canadians and that they paid for my shelter and food. We have a saying, "It is better to eat a dry bread of your own rather than eating a meat under someone's mercy".

You have every right to like or dislike anything that you encounter. I still believe that Canadian policy towards accepting immigrants and refugees is based on human ideals that it is always good to help people even though they do not deserve good treatment.
 

americanadian

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Mar 3, 2011
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JusticeSeeker said:
I still believe that Canadian policy towards accepting immigrants and refugees is based on human ideals that it is always good to help people even though they do not deserve good treatment.
They aren't helping themselves though. Canada needs something in return for letting you in. You are perfectly safe in the USA, you can make a living and enjoy the same quality of life in the USA as you will in Canada. You have a job that will allow you to afford health insurance in the USA and there is no real difference in everyday life between the two countries. So be thankful that you are in the USA and not the place that you're claiming is so bad. People give their lives everyday to go to the USA and you should be thankful for where you are.

Don't cheat Canada's system because when they find out, all of your future applications will be laughed at by the CIC and promptly handed over to the trusty paper shredder. Do it the right way, get a study permit or a work permit and don't cheat the system.
 

newtone

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americanadian said:
They aren't helping themselves though. Canada needs something in return for letting you in. You are perfectly safe in the USA, you can make a living and enjoy the same quality of life in the USA as you will in Canada. You have a job that will allow you to afford health insurance in the USA and there is no real difference in everyday life between the two countries. So be thankful that you are in the USA and not the place that you're claiming is so bad. People give their lives everyday to go to the USA and you should be thankful for where you are.

Don't cheat Canada's system because when they find out, all of your future applications will be laughed at by the CIC and promptly handed over to the trusty paper shredder. Do it the right way, get a study permit or a work permit and don't cheat the system.
Since you mentioned you'll have a job and afford health insurance. What happens to an American if they don't have a job or for that matter anyone? Does the health insurance stop.
Dude stop fooling yourself, America is for only those who are young and strong, not for the old and weak.
 

newtone

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Oh yes I forgot to mention the most important factor, its only for the rich
 

martha marita

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Wow! What a plan. Are you stateless in America. Do you have legal papers in America. If so why want to come to canada and wast 3 - 5 years on a pending life - I mean your refugee application being on the an endless line.

Not good plan at all, better come on student permit, then after 6 months get a student work permit, and after your studies find a job and apply for pr. You will have a health life this wya. Sorry but i dont want you to be sad for 2 or 4 years not knowing what will happen.
Unless you are ready to waste some years. Further more nowadays the cic give only 6m - 1 years wp so it has to get renewed everytime, so if your claim will be denied you wont have a wp at all once the lapse is gone. Believe me you will have hell. Canadian visa is not an 'easy get'.
A lady travelled from uganda on a stollen letter to attend a confence here, she arrived and lodged a claim of refugee, she is blocked on so many things, she cannot go to school, because of her status, she cannot advance herself, her application is on que and will take 3 - 5 years on pending que. She has to renew wp all the time on yearly basis, and guess what on my pay check i get deducted nearly 300 per wk on every 1000 dollar i make.