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Atheist seeking asylum in Canada via roxham road

Deleneye

Newbie
Dec 18, 2017
7
0
I'm an atheist fleeing from persecution in my home country where being atheist can get you killed. I am in the USA and will be crossing over to Canada via the unofficial ro
 

gavendano

Star Member
Feb 11, 2016
125
66
I'm an atheist fleeing from persecution in my home country where being atheist can get you killed. I am in the USA and will be crossing over to Canada via the unofficial ro
Are you at risk in the USA? If not, then you should claim refugee in the USA.
 
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canuck78

VIP Member
Jun 18, 2017
55,684
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You actually have to have proof that your life has been threatened to get asylum. You have to show that you have been hurt, imprisoned, etc based on the fact that you are an atheist. The fact that you could be at risk for your lack of faith isn't usually good enough.
 

Buletruck

VIP Member
May 18, 2015
6,882
2,714
I stand corrected. However, illegal entry to Canada is something I prefer not to comment on. And as noted by canuck78, you will still need to provide evidence to support that claim.
 
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Deleneye

Newbie
Dec 18, 2017
7
0
I have evidence. Lots of it. My stories are in the internet even. What I read was that the unofficial border like roxham road makes it possible to seek asylum in Canada even though I have been to the USA.
 
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rish888

Guest
I have evidence. Lots of it. My stories are in the internet even. What I read was that the unofficial border like roxham road makes it possible to seek asylum in Canada even though I have been to the USA.
I personally will not offer you any advice on how to cross illegally, as doing so will make me an accomplice to an criminal offense. (Crossing illegally is a crime unless you report yourself to the RCMP and make a request to seek asylum.)

As I do not know for a fact that you are a person felling persecution and that you will report yourself to the RCMP once in Canada, I cannot in good faith tell you how to enter Canada illegally.

What I will tell you is that individuals with two feet in Canada (Points of Entry are not considered "in Canada" for this purpose) are unconditionally entitled to an asylum hearing. To be successful at an asylum hearing, you must demonstrate, with evidence, that you will face persecution if returned to your home country.
 
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rish888

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yep I know what you are talking about. Crossing between Points of Entry is a crime. Make no mistake, it is a crime under both the IRPA and the Criminal Code.

The IRPR has a provision that prevents people who make a claim for asylum upon entering Canada from being charged with illegal entry. However just because there is a provision that prevents you from being charged with illegal entry, it doesn't make the entry legal. You are still committing a crime, just not one you can be punished for. However, at the end of the day, a crime is a crime.
 

Deleneye

Newbie
Dec 18, 2017
7
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yep I know what you are talking about. Crossing between Points of Entry is a crime. Make no mistake, it is a crime under both the IRPA and the Criminal Code.

The IRPR has a provision that prevents people who make a claim for asylum upon entering Canada from being charged with illegal entry. However just because there is a provision that prevents you from being charged with illegal entry, it doesn't make the entry legal. You are still committing a crime, just not one you can be punished for. However, at the end of the day, a crime is a crime.
I actually never thought of it that way
 
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rish888

Guest
I actually never thought of it that way
Yes many folks don't.

Canada is an extremely generous nation that keeps it's doors open at a time when the rest of the world are closing theirs.

While America locks up asylum seekers in squalid prisons, Canada lets you roam free, allows you access to healthcare, ID papers, work and study permits, legal aid, social assistance, the works.

However, Points of Entry exist for a reason. If people could cross between Points of Entry at will, Canada would just shut down border checkpoints and lay off CBSA personnel.

The world's longest undefended border may give false illusions to some, but Canada is not a party to the Schengen agreement. The border is not an open one that can be crossed anywhere at anytime.

Everyone, including Permanent Residents and Canadian citizens (classified as "Canadian" for immigration purposes) must report to a Point of Entry for inspection before being allowed into Canada.

In accordance with international guidelines and agreements that Canada is a signatory to, individuals who wish to seek asylum may enter Canada by any means (including between Points of Entry) without being charged for illegal entry as long as they declare themselves promptly; however, according to the wording of Canadian immigration legislation, there is no exemption for would-be asylum seekers to the rule that requires everyone to show up at a Point of Entry, there is simply an additional provision that prevents such a person from being charged. Therefore, any form of illegal entry is still a crime.
 

Deleneye

Newbie
Dec 18, 2017
7
0
Yes many folks don't.

Canada is an extremely generous nation that keeps it's doors open at a time when the rest of the world are closing theirs.

While America locks up asylum seekers in squalid prisons, Canada lets you roam free, allows you access to healthcare, ID papers, work and study permits, legal aid, social assistance, the works.

However, Points of Entry exist for a reason. If people could cross between Points of Entry at will, Canada would just shut down border checkpoints and lay off CBSA personnel.

The world's longest undefended border may give false illusions to some, but Canada is not a party to the Schengen agreement. The border is not an open one that can be crossed anywhere at anytime.

Everyone, including Permanent Residents and Canadian citizens (classified as "Canadian" for immigration purposes) must report to a Point of Entry for inspection before being allowed into Canada.

In accordance with international guidelines and agreements that Canada is a signatory to, individuals who wish to seek asylum may enter Canada by any means (including between Points of Entry) without being charged for illegal entry as long as they declare themselves promptly; however, according to the wording of Canadian immigration legislation, there is no exemption for would-be asylum seekers to the rule that requires everyone to show up at a Point of Entry, there is simply an additional provision that prevents such a person from being charged. However, a crime has still been committed.
Thanks for this.

What I have seen is that there are officers at the border who will arrest anyone coming in immediately and then ask them why they chose that particular point of entry.