Turned back to USA, Question?

[DexDex]

Hi, So my friend came in last night to file for refugee, we did research but there was no direct information about a turn back order if someone comes through the USA, they sent him back to the USA today, but the issue is that he is not from there, he's actually from the Bahamas and it was just a connecting flight through the USA. The thing I want to know is has anyone else experienced this? and would he have the option of just flying back to Canada from the original country but just find a direct flight, because it doesn't make any sense when he's not from the USA to be there and isn't from there. The other issue is that 1 customs officer told him to try just coming back a different way and the other told him he'll have to wait in the USA to be contacted to come back, but that can take up to 2 months.

Hopefully, someone can enlighten me.

Thank you in advance

 

[mrpollo]

As far as I know unless he icomply of Safe Third Country Agreement Exception, like he can prove if there any direct family in Canada PR or Citizen (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html), right now he can't cross the border due Covid-19.

 

[DexDex]

I probably should have mentioned this part. This accepted him as a refugee and gave him his Interim Federal health program sheet and everything, they told him that he is clear as a refugee claimant when he returns and he is free to get the documents from the border. I'm just confused because if the issue is just that he came through the USA, can he just not come back through the USA. because they told him he can stay in the usa and wait for them to tell him he can return, but he cannot stay in the USA, he's returning back to the Bahamas, so does that mean he can then return just not through the us border. Thats what I'm trying to find information on.

 

[scylla]

I probably should have mentioned this part. This accepted him as a refugee and gave him his Interim Federal health program sheet and everything, they told him that he is clear as a refugee claimant when he returns and he is free to get the documents from the border. I'm just confused because if the issue is just that he came through the USA, can he just not come back through the USA. because they told him he can stay in the usa and wait for them to tell him he can return, but he cannot stay in the USA, he's returning back to the Bahamas, so does that mean he can then return just not through the us border. Thats what I'm trying to find information on.

Why can't he remain in the US while he waits? Returning to the Bahamas is problematic for his refugee claim.

 

[DexDex]

he has nowhere to stay in the USA and he spent all his money going to Canada, based on research. The USA is putting most people in that circumstance in a detention center.

 

[scylla]

he has nowhere to stay in the USA and he spent all his money going to Canada, based on research. The USA is putting most people in that circumstance in a detention center.

Returning to the Bahamas is problematic for his refugee claim. This would indicate there isn't a genuine fear of persecution.

 

[DexDex]

Returning to the Bahamas is problematic for his refugee claim. This would indicate there isn't a genuine fear of persecution.

The customs officer doesn't seem to think so because they are the ones who suggested such things. this whole thing is unnecessarily complicated. The usa is raising their restrictions on the 8th of November, not sure why it should take 2 months.

 

[scylla]

The customs officer doesn't seem to think so because they are the ones who suggested such things. this whole thing is unnecessarily complicated. The usa is raising their restrictions on the 8th of November, not sure why it should take 2 months.

Be aware that CBSA and IRCC are two separate bodies. CBSA is the one who said this to him. IRCC is the one who will make the decision in his refugee claim.

 

[mrpollo]

He will need to wait until CBSA reach him back https://www.cbsa-asfc.gc.ca/refugee-asile-covid-eng.html for set an appoinment

Also http://www.bridgesnotborders.ca/info-for-asylum-seekers.html you can find some information about asylum & border

 

[Bornlucky]

Hi, So my friend came in last night to file for refugee, we did research but there was no direct information about a turn back order if someone comes through the USA, they sent him back to the USA today, but the issue is that he is not from there, he's actually from the Bahamas and it was just a connecting flight through the USA. The thing I want to know is has anyone else experienced this? and would he have the option of just flying back to Canada from the original country but just find a direct flight, because it doesn't make any sense when he's not from the USA to be there and isn't from there. The other issue is that 1 customs officer told him to try just coming back a different way and the other told him he'll have to wait in the USA to be contacted to come back, but that can take up to 2 months.

Hopefully, someone can enlighten me.

Thank you in advance

Hi - this is called a "Direct Back" and you can find it referenced here: https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf04-eng.pdf

It begins on Page 97.

 

[Buletruck]

Hi - this is called a "Direct Back" and you can find it referenced here: https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf04-eng.pdf

It begins on Page 97.

Interesting read.

 

[Bornlucky]

Interesting read.

Thanks for jogging my thoughts as I should have also mentioned that there are USA border communities where organizations, like the Salvation Army, offer temporary accommodations to people waiting to return to the POE for refugee processing.

This is a process that's been in place for many, many years but a 2 month turn about time surprises me.., a bit.

 

[Simba112]

Hi - this is called a "Direct Back" and you can find it referenced here: https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf04-eng.pdf

It begins on Page 97.

Thank you for this, I’ve read it all pages. This explains everything.

 

[jakklondon]

Hi, So my friend came in last night to file for refugee, we did research but there was no direct information about a turn back order if someone comes through the USA, they sent him back to the USA today, but the issue is that he is not from there, he's actually from the Bahamas and it was just a connecting flight through the USA. The thing I want to know is has anyone else experienced this? and would he have the option of just flying back to Canada from the original country but just find a direct flight, because it doesn't make any sense when he's not from the USA to be there and isn't from there. The other issue is that 1 customs officer told him to try just coming back a different way and the other told him he'll have to wait in the USA to be contacted to come back, but that can take up to 2 months.

Hopefully, someone can enlighten me.

Thank you in advance

What are the grounds for his refugee claim in Canada? Normally, you can't claim refugee status in Canada if you are coming from US. it's presumed that US is just as suitable to seek refuge from prosecution, as Canada would be, and therefore one must seek refuge in the US. The same rule applies when someone tries to do the opposite, get refuge in the US while coming through Canada. There can be exceptions to this rule (such as, acceptance of applicant as a Canadian refugee before his embarking on his trip for Canada), but absent such an exception he would be told to seek refuge in the safe country he landed following the departure from Bahamas.

Assuming he was processed by certain international body as a refugee and was on his way to Canada, he should be wary of returning to Bahamas. What claim to refugee status he has if he feels safe to return to his country of origin and spend two months there while waiting for Canadian authorities to invite him back for inspeciton?