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Canada safe third country agreement

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ali.bangash

Member
Mar 3, 2019
18
1
Hi All
Can someone shed some light on Canada's safe third country agreement for asylum seekers. I understand it primarily runs between Canada and US and there are many exceptions however I am more interested in Europe. For instance if a flight to Canada is taken from Pakistan through UK while having a valid UK visit visa, will it affect the refugee claim in Canada?
Thanks
 
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joksuela

Star Member
Sep 27, 2018
150
59
Regardless of agreements between countries, having a valid visa of any safe country is a red flag upon claiming asylum in Canada. Expect CBSA/IRB to investigate why you couldn't claim asylum there. In other words, You would need to explain that you are not "asylum shopping".
 
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Bornlucky

Hero Member
May 15, 2018
687
533
ali.bangash said:
Hi All
Can someone shed some light on Canada's safe third country agreement for asylum seekers. I understand it primarily runs between Canada and US and there are many exceptions however I am more interested in Europe. For instance if a flight to Canada is taken from Pakistan through UK while having a valid UK visit visa, will it affect the refugee claim in Canada?
Thanks
Click to expand...
The safe third country agreement is between Canada and the United States exclusively, but there is a Designated Country of Origin policy applied to countries not commonly associated with producing refugee claims.

Look here for what the government says about eligibility https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/eligibility.html

It's worth mentioning that a failed claim pretty much ends your ability to travel to most of the western world because of information sharing, so people making a claim to Convention refugee status need to know that it's got a downside. If it goes poorly here you go back home and your opportunities to leave again are much slimmer than when you left.
 
A

ali.bangash

Member
Mar 3, 2019
18
1
joksuela said:
Regardless of agreements between countries, having a valid visa of any safe country is a red flag upon claiming asylum in Canada. Expect CBSA/IRB to investigate why you couldn't claim asylum there. In other words, You would need to explain that you are not "asylum shopping".
Click to expand...
I understand that questions will be raised and will have to responded to logically and wisely. What's more of a concern is any specific agreement which will make the claim ineligible on technical grounds. But immediately my concern is taking a flight transiting through UK. Thanks
 
A

ali.bangash

Member
Mar 3, 2019
18
1
Bornlucky said:
The safe third country agreement is between Canada and the United States exclusively, but there is a Designated Country of Origin policy applied to countries not commonly associated with producing refugee claims.

Look here for what the government says about eligibility https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/eligibility.html

It's worth mentioning that a failed claim pretty much ends your ability to travel to most of the western world because of information sharing, so people making a claim to Convention refugee status need to know that it's got a downside. If it goes poorly here you go back home and your opportunities to leave again are much slimmer than when you left.
Click to expand...
Thanks. The eligibility criteria above is met by all points so technically it should be ok. However I understand that later at the hearing, questions will be raised which will have to addressed accordingly.
 
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Abdul925

Full Member
Feb 9, 2019
26
1
I have question I came from Middle East to London then Canada but I dint have visa in London . This will be ok or I have to explain why I didn’t apply in London
 
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ali.bangash

Member
Mar 3, 2019
18
1
Abdul925 said:
I have question I came from Middle East to London then Canada but I dint have visa in London . This will be ok or I have to explain why I didn’t apply in London
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Do you mean you took flight through London? I personally don't think you need a visa to claim asylum
 
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jddd

Champion Member
Oct 1, 2017
1,516
565
ali.bangash said:
True but still I believe that asylum can be made with transit visa after landing
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How can you make an asylum claim though if you can't reach Canada because you are unable to board the plane? That's my point. Everyone knows once you are in Canada, you can make a claim, I am simply ensuring he knows he may need a visa because before he has to answer why he didn't apply in London, he needs to get here.
 
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Abdul925

Full Member
Feb 9, 2019
26
1
ali.bangash said:
Do you mean you took flight through London? I personally don't think you need a visa to claim asylum
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When I came to Canada in last February 2018 I went to London with no transit visa then went to Canada now I don’t know if they will ask me why you don’t apply refugee in London or no but I didn’t have transit visa this time
 
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ali.bangash

Member
Mar 3, 2019
18
1
Abdul925 said:
When I came to Canada in last February 2018 I went to London with no transit visa then went to Canada now I don’t know if they will ask me why you don’t apply refugee in London or no but I didn’t have transit visa this time
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It sounds wierd may be your nationality allows you to come through London without a transit visa. However I still think even if you landed and changed your flight in a London airport, technically you could apply for asylum there so you would be questioned about first safe country scenario. However it shouldn't be a difficult question to answer given the difference in narrative and openness to immigration by the two governments
 
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jddd

Champion Member
Oct 1, 2017
1,516
565
Abdul925 said:
When I came to Canada in last February 2018 I went to London with no transit visa then went to Canada now I don’t know if they will ask me why you don’t apply refugee in London or no but I didn’t have transit visa this time
Click to expand...
they can ask you anything they want to ask in relation to your claim. just be honest with your answers and be ready with them thinking you are asylum shopping.
 
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