Suspend Safe Third Country Agreement

April 13, 2021 – 1:38 am

So far, the United States is the only third-country country classified as a safe third country. The Immigration and Refugee Protection Act (IRPA) requires ongoing review of all countries designated as safe third countries. The purpose of the review procedure is to ensure that the conditions that led to deportation as a safe third country remain met. Refugee lawyers who had been turned back at the Canadian border questioned the pact and said the United States was not considered “safe” under President Donald Trump. The agreement was signed on December 5, 2002 in Washington, D.C. by Bertin Cété (Deputy Head of Mission, Canadian Embassy) and Arthur E. Dewey (Assistant Secretary of State for Population, Refugees and Migration, United States). The agreement helps both governments better manage access to the refugee system in each country for people crossing the land border between Canada and the United States. The two countries signed the agreement on 5 December 2002 and came into force on 29 December 2004.

On July 22, 2020, the Federal Court of Canada ruled that the safe third country agreement was invalid because it violated the rights of asylum seekers, particularly those guaranteed under Section 7 of the Canadian Charter of Rights and Freedoms on “Life, Liberty and Security.” [2] [3] As with the application of STCA, refugees returning to the United States are detained and imprisoned there, which is a “predictable” consequence of Canada`s action. The decision was suspended for six months to give the Canadian Parliament time to take a stand and is being appealed to the Federal Court of Justice and possibly the Supreme Court of Canada. [4] The Bundesgerichtshof`s decision was suspended on 26 October 2020 pending a decision by the Federal Court of Appeal. [5] Experts said that the suspension of the agreement would have a huge impact on the U.S.-U.S. The relationship. Under the Third Country Security Agreement, in effect since December 2004, Canada and the United States declare the other country safe for refugees and close the door to most refugees at the U.S.-Canada border. In addition to meeting the exemption criteria under the agreement, applicants must meet all other eligibility criteria for immigration legislation for the country in which they apply for status. Although refugees entering Canada at official border crossings are generally returned to the United States, they would not be returned if they crossed at locations between designated ports of entry; In this case, their demands will be heard and many immigration experts see it as a loophole within the agreement. [6] In practical terms, the legislation requires that the review of a given country be based on the following four factors: President Brown asked Prime Minister Trudeau to respect the Federal Court of Justice ruling and to suspend the STCA. In response to Executive Order 13769, immigrant and civil rights associations in Canada called on the federal government to suspend the agreement on safe third-country nationals.

These groups included Amnesty International[9] the Canadian Civil Liberties Association[10] the Quebec Association of Immigration Lawyers[11] the British Columbia Civil Liberties Association[11] 1 2][13] the Canadian Lawyers Association,[14] of the Canadian Council for Refugees,[15] and a group of 200 law professors from universities across Canada. [16] Julie Taub, an immigration and refugee lawyer, says that the Canada Border Services Agency has lost capacity since the agreement was put in place in late 2004 and would be “overwhelmed” if the agreement was repealed. [23] The RAC continues to call on the Canadian government to withdraw from the third-country nationals` security agreement.

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