Atheist seeking asylum in Canada via roxham road

[rish888]

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.

If you cross between Points of Entry (illegal entry) you will be arrested. If there is no officer present you must call the cops and turn yourself in. You must also declare that you have entered Canada for the purposes of seeking asylum.

After you are arrested, you will be taken to a CBSA office for processing before being allowed into Canada.

 

[Deleneye]

If you cross between Points of Entry (illegal entry) you will be arrested. If there is no officer present you must call the cops and turn yourself in. You must also declare that you have entered Canada for the purposes of seeking asylum.


OK. That sounds good to me.

After you are arrested, you will be taken to a CBSA office for processing before being allowed into Canada.

 

[scylla]

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.

Yes - that would of course make sense and be expected. Again, by entering illegally you are by default committing a crime.

 

[gavendano]

I don't recall how the current government is acting on the people crossing illegally into Canada, but I believe that if you cross illegally you can become a Designated Foreign National (DFN), which will basically prevent you from applying to PR or H&C for 5 years after your refugee case is determined.

Basically, you will be in a legal "limbo" for 5 years where you are a refugee but not a PR...

 

[canuck78]

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.

By no means does that mean you will get asylum especially if you have been living in the US for an extended period of time. Many crossing are under the false impression that Canada gives asylum to everyone. As I stated before you have to have evidence that you were persecuted not the general population.

 

[Buletruck]

Many crossing are under the false impression that Canada gives asylum to everyone.

Current numbers of approved refugee applications for Haitian's crossing illegally is down to about 10%. Not overly encouraging numbers.....Granted this can change. What is preventing you from claiming in the US?

https://www.reuters.com/article/us-canada-immigration-haiti/canada-data-shows-10-percent-of-haitian-border-crossers-get-refugee-status-idUSKBN1DN02Z

A key comment that applies to anyone applying as a refugee from anywhere (from the article):

Montreal-based refugee lawyer Eric Taillefer said he thinks the Haitians who already made the border crossing did not understand Canadian laws on granting asylum.
“They don’t understand the evidence threshold, they don’t understand, maybe, the definition of a refugee,” he said.

 

[asylum_seeker]

There is an important point here:
You will be given a hearing date however you will certainly be asked for an explanation on why you didn't claim asylum in the US. The safe third country agreement only prevents you from claiming asylum but no one is excused from having to provide an explanation why they skipped other safe countries whether the US, Iceland ..etc.

What I would do in your case:
I would contact immigration lawyers in the US and try to get an opinion that you may not have good chances in the US
In many cases in the US asylum was not granted because atheism is not a religion and the applicant had to prove otherwise. Try to get copies or references to these cases.
Be prepared as I think you will have 15 days to file your claim upon entry.

 

[Cip]

Unless you have family in Canada you will be sent back to claim in the US.

Thats is not true pls , lets try to always pass the correct info

 

[Buletruck]

Thats is not true pls , lets try to always pass the correct info

That was already noted and corrected....please try and keep up with the conversation......

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.

 

[rish888]

There is an important point here:
You will be given a hearing date however you will certainly be asked for an explanation on why you didn't claim asylum in the US. The safe third country agreement only prevents you from claiming asylum but no one is excused from having to provide an explanation why they skipped other safe countries whether the US, Iceland ..etc.

What I would do in your case:
I would contact immigration lawyers in the US and try to get an opinion that you may not have good chances in the US
In many cases in the US asylum was not granted because atheism is not a religion and the applicant had to prove otherwise. Try to get copies or references to these cases.
Be prepared as I think you will have 15 days to file your claim upon entry.

In reference to the United States:

Given the current state of the US, specifically their policies of immigration detention and the squalid conditions in detention centers (classified by the UN as a violation of international law), the OP will not face too hard a time explaining why he didn't claim in the U.S.

 

[rish888]

Current numbers of approved refugee applications for Haitian's crossing illegally is down to about 10%. Not overly encouraging numbers.....Granted this can change. What is preventing you from claiming in the US?

https://www.reuters.com/article/us-canada-immigration-haiti/canada-data-shows-10-percent-of-haitian-border-crossers-get-refugee-status-idUSKBN1DN02Z

A key comment that applies to anyone applying as a refugee from anywhere (from the article):

IMO only a fool would claim in the U.S.

As a Permanent Resident I personally am not a big fan of folks who penetrate our borders illegally, but when you compare the life of a refugee claimant in Canada to that of one in the US, the answer becomes pretty obvious. After all, Canada does not detain these individuals (a huge, huge factor) provides them with health care (compare this to the US detention centers where claimants are denied access to basic medical care) provides them with work and study permits (in certain situations at least) provides them with a clear path to permanent residency and citizenship... The list goes on.

 

[Buletruck]

As a Permanent Resident I personally am not a big fan of folks who penetrate our borders illegally, but when you compare the life of a refugee claimant in Canada to that of one in the US, the answer becomes pretty obvious. After all, Canada does not detain these individuals (a huge, huge factor) provides them with health care (compare this to the US detention centers where claimants are denied access to basic medical care) provides them with work and study permits (in certain situations at least) provides them with a clear path to permanent residency and citizenship... The list goes on.

No argument and I completely understand the desperation of the people doing so. I've had the opportunity to live in the US and have always declined politely (and I'm not trying to escape persecution).
But despite that, the general expectation (and regardless of the Safe Third Country agreement) is that a genuine refugee would, in all probability, claim asylum in the first safe country they arrive in. And despite the political climate over the last 11 months, the US has been (and will probably continue to be) considered a safe haven for refugees. Failing to claim in the first safe country of entry (barring extenuating circumstances like family in another country) would, in my mind, diminish the strength of an applicant from a genuine refugee toward a immigrant of convenience.

 

[rish888]

No argument and I completely understand the desperation of the people doing so. I've had the opportunity to live in the US and have always declined politely (and I'm not trying to escape persecution).
But despite that, the general expectation (and regardless of the Safe Third Country agreement) is that a genuine refugee would, in all probability, claim asylum in the first safe country they arrive in. And despite the political climate over the last 11 months, the US has been (and will probably continue to be) considered a safe haven for refugees. Failing to claim in the first safe country of entry (barring extenuating circumstances like family in another country) would, in my mind, diminish the strength of an applicant from a genuine refugee toward a immigrant of convenience.

Given where is stand today, I really agree with you 100%. At the same time if I were to step into the shoes of person fleeing something awful, I'm pretty sure I would head to Canada. Probably most of us if we ever find ourselves in such a situation would do the same. I guess from a refugee's perspective Canada offers (at least relatively) more stability and better conditions.

I think the issue is not the genuine refugees seeking asylum in Canada instead of the US, but rather, as you put it, the immigrants of convince. Someone else noted that recent IRB stats seems to show that acceptance rates are going down, which hopefully means a crackdown has started.

 

[canuck78]

Canada is a small country. Unfortunately we do not have the capacity to absorb all the refugees who arrive through the US or have been living in the US. We have actually not seen what will happen to the majority of people who have crossed irregularly. At least the government has been working with the US government to identify visa holders who are flying into the US in order to claim asylum in Canada. They are also cracking down on certain Embassies that seem to be giving out US tourist visas too easily. Especially when many of those visa holders seem to have claimed asylum in Canada. Glad to see some steps are being taken.

 

[Buletruck]

I think most of us would do the same.

Agreed. And I would probably be applying at every other reputable country I could manage to pass through.

I think what a lot of refugee claimants miss (both genuine and non-genuine), is that regardless of being a signatory on the 1951 UN refugee convention, that does not supersede Canadian law. It's an agreement to abide by the terms of the agreement and does not guarantee the right to status in whatever country you apply in. All it allows is for you to have the right for your application to be heard. If there were no policies, Canada (as with most other have countries) would be swamped with refugees. The convention allows countries to set limits on who and how many refugees they allow. And the decisions are made by people, who, as with everyone, can be swayed by minute details that effect the "Balance of Probabilities" one way or the other. Ultimately my point is that, if you are a refugee, you need to consider every detail in your application. Being in the US (desirable or not) and not claiming protection just adds to the balance of Probability scale toward the negative (IMO).