Political Asylum
- Thread starter drile
- Start date
HI
1. Except that they will be arriving from the US and if they claim refugee status at the Port of Entry, having no relatives in Canada, they will be returned to the US. Safe Third Country.
1. Except that they will be arriving from the US and if they claim refugee status at the Port of Entry, having no relatives in Canada, they will be returned to the US. Safe Third Country.
The OP stated that they hold a Canadian visitor visa.
https://www.canada.ca/en/immigratio.../agreements/safe-third-country-agreement.html
Document holder exceptions
Refugee claimants may qualify under this category of exceptions if they:
- hold a valid Canadian visa (other than a transit visa)
- hold a valid work permit
- hold a valid study permit
- hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada, or
- are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S.–issued visa to enter the U.S.
My understanding of the safe third country agreement is that if you are arriving from the US by airplane, this rule is only applied if you have a failed refugee claim in the US. Otherwise you are eligible to claim asylum in Canada. So OP could claim assuming there's no failed US refugee claim involved.
https://www.canada.ca/en/immigratio...date/policies-operational-instructions-agreem
The Safe Third Country Agreement applies only to refugee claimants who are seeking entry to Canada from the U.S.:
- at Canada-U.S. land border crossings
- by train or
- at airports, only if the person seeking refugee protection in Canada has been refused refugee status in the U.S. and is in transit through Canada after being deported from the U.S.
