Withdrawn asylum case in USA, Can i apply for asylum in Canada after staying one year in my home country?

[mayurjain3]

I hold a valid visitor visa for both Canada and the USA. In 2021, I applied for asylum in the USA due to political persecution in my home country. However, after a year, conditions in my home country improved, and after speaking to many people there and being fully satisfied with the situation, I decided to withdraw my asylum application and return to my home country in 2024.

Now, 10 months later, my previous asylum case is resurfacing, which is causing significant distress in my life. I am considering returning to the USA, but that appears unlikely, as I believe the USA will not allow re-entry.

Given my current situation, I’m wondering if I have any chance of reaching a Canadian airport and applying for asylum. If so, what are the chances that my asylum claim will be forwarded for a further hearing? I understand the Eligibility Interview is part of the process, but I would appreciate more clarity on what it entails.

Since the Safe Third Country Agreement (STCA) doesn’t apply to me (as I’m arriving directly from my home country), what would be the most straightforward airport to land at to minimize potential complications?

For context, I am 49 years old and work as a corporate trainer. Although I have made two previous visits to Canada before applying for asylum in the USA, some past events are now re-emerging, making my current situation difficult to navigate.

Please guide me and provide more information on these matters.

 

[Buletruck]

I hold a valid visitor visa for both Canada and the USA. In 2021, I applied for asylum in the USA due to political persecution in my home country. However, after a year, conditions in my home country improved, and after speaking to many people there and being fully satisfied with the situation, I decided to withdraw my asylum application and return to my home country in 2024.

Now, 10 months later, my previous asylum case is resurfacing, which is causing significant distress in my life. I am considering returning to the USA, but that appears unlikely, as I believe the USA will not allow re-entry.

Given my current situation, I’m wondering if I have any chance of reaching a Canadian airport and applying for asylum. If so, what are the chances that my asylum claim will be forwarded for a further hearing? I understand the Eligibility Interview is part of the process, but I would appreciate more clarity on what it entails.

Since the Safe Third Country Agreement (STCA) doesn’t apply to me (as I’m arriving directly from my home country), what would be the most straightforward airport to land at to minimize potential complications?

For context, I am 49 years old and work as a corporate trainer. Although I have made two previous visits to Canada before applying for asylum in the USA, some past events are now re-emerging, making my current situation difficult to navigate.

Please guide me and provide more information on these matters.

Couple of thing.....
Your asylum claim in the US, despite withdrawing it, probably makes you ineligible for asylum in Canada.
your asylum claim in the US will probably make a TRV extremely difficult to obtain.

 

[mayurjain3]

Couple of thing.....
Your asylum claim in the US, despite withdrawing it, probably makes you ineligible for asylum in Canada.
your asylum claim in the US will probably make a TRV extremely difficult to obtain.

Thanks for the response but I already have a valid TRV.

 

[Buletruck]

Thanks for the response but I already have a valid TRV.

Your probably still ineligible since you've had a claim in another country. And don't be surprised if you TRV has been cancelled.


Step 1. Confirm your claim meets the eligibility requirements
Your refugee claim may not be eligible if you:

• are recognized as a Convention refugee by another country that you can return to
• already have protected person status in Canada
• are subject to a removal order
• have already made a refugee claim in another country
• are inadmissible to Canada on security grounds or because of criminal activity or human rights violations
• made a previous refugee claim in Canada that was determined to be ineligible
• made a previous refugee claim in Canada that was rejected, abandoned or withdrawn
• entered Canada from the U.S. along the land border (see below)

 

[mayurjain3]

Your probably still ineligible since you've had a claim in another country. And don't be surprised if you TRV has been cancelled.


Step 1. Confirm your claim meets the eligibility requirements
Your refugee claim may not be eligible if you:

• are recognized as a Convention refugee by another country that you can return to
• already have protected person status in Canada
• are subject to a removal order
• have already made a refugee claim in another country
• are inadmissible to Canada on security grounds or because of criminal activity or human rights violations
• made a previous refugee claim in Canada that was determined to be ineligible
• made a previous refugee claim in Canada that was rejected, abandoned or withdrawn
• entered Canada from the U.S. along the land border (see below)

I saw this but on deeply digging it, I found that it is for the people who applied for asylum in other countries and it got approved. Not to confuse with first point as that’s for convention refugees. I checked my TRV status on the IRCC website and it’s still in valid status.

 

[Buletruck]

I saw this but on deeply digging it, I found that it is for the people who applied for asylum in other countries and it got approved. Not to confuse with first point as that’s for convention refugees. I checked my TRV status on the IRCC website and it’s still in valid status.

Then fill yer boots......just pointing out thing that may pose an issue.

 

[scylla]

I hold a valid visitor visa for both Canada and the USA. In 2021, I applied for asylum in the USA due to political persecution in my home country. However, after a year, conditions in my home country improved, and after speaking to many people there and being fully satisfied with the situation, I decided to withdraw my asylum application and return to my home country in 2024.

Now, 10 months later, my previous asylum case is resurfacing, which is causing significant distress in my life. I am considering returning to the USA, but that appears unlikely, as I believe the USA will not allow re-entry.

Given my current situation, I’m wondering if I have any chance of reaching a Canadian airport and applying for asylum. If so, what are the chances that my asylum claim will be forwarded for a further hearing? I understand the Eligibility Interview is part of the process, but I would appreciate more clarity on what it entails.

Since the Safe Third Country Agreement (STCA) doesn’t apply to me (as I’m arriving directly from my home country), what would be the most straightforward airport to land at to minimize potential complications?

For context, I am 49 years old and work as a corporate trainer. Although I have made two previous visits to Canada before applying for asylum in the USA, some past events are now re-emerging, making my current situation difficult to navigate.

Please guide me and provide more information on these matters.

You can certainly try applying. I expect the minister is likely to intervene in your case. I would recommend applying with the help of a good immigration lawyer.

 

[canuck78]

I saw this but on deeply digging it, I found that it is for the people who applied for asylum in other countries and it got approved. Not to confuse with first point as that’s for convention refugees. I checked my TRV status on the IRCC website and it’s still in valid status.

Times have changed. What once used to be often overlooked doesn’t mean it will happen now.

 

[Db1000]

I saw this but on deeply digging it, I found that it is for the people who applied for asylum in other countries and it got approved. Not to confuse with first point as that’s for convention refugees. I checked my TRV status on the IRCC website and it’s still in valid status.

Yes, but those people did not return to their home country after applying for asylum. Normally, they cross from the US to Canada and then apply.

If you're able to, I think you'll need a very good lawyer. What's gonna stop you from going back to your country after you apply in Canada too?

 

[Bornlucky]

I saw this but on deeply digging it, I found that it is for the people who applied for asylum in other countries and it got approved. Not to confuse with first point as that’s for convention refugees. I checked my TRV status on the IRCC website and it’s still in valid status.

Dig deeper,

https://laws.justice.gc.ca/eng/acts/i-2.5/page-13.html

101(1)(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;