Canada-U.S. Safe Third Country Agreement
The Safe Third Country Agreement between Canada and the United States (U.S.) is part of the U.S.–Canada Smart Border Action Plan.
Under the Agreement, refugee claimants are required to request refugee protection in the first safe country they arrive in, unless they qualify for an exception to the Agreement.
Where the Agreement is in effect
The Safe Third Country Agreement applies only to refugee claimants who are seeking entry to Canada from the U.S.:
at Canada-U.S. land border crossings
by train or
at airports, only if the person seeking refugee protection in Canada has been refused refugee status in the U.S. and is in transit through Canada after being deported from the U.S.
Exceptions to the Agreement
Exceptions to the Agreement consider the importance of family unity, the best interests of children and the public interest.
There are four types of exceptions:
Family member exceptions
Unaccompanied minors exception
Document holder exceptions
Public interest exceptions
Even if they qualify for one of these exceptions, refugee claimants must still meet all other eligibility criteria of Canada’s immigration legislation. For example, if a person seeking refugee protection has been found inadmissible in Canada on the grounds of security, for violating human or international rights, or for serious criminality, that person will not be eligible to make a refugee claim.
Family member exceptions
Refugee claimants may qualify under this category of exceptions if they have a family member who:
is a Canadian citizen
is a permanent resident of Canada
is a protected person under Canadian immigration legislation
has made a claim for refugee status in Canada that has been accepted by the Immigration and Refugee Board of Canada (IRB)
has had his or her removal order stayed on humanitarian and compassionate grounds
holds a valid Canadian work permit
holds a valid Canadian study permit, or
is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination. (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB or found ineligible for referral to the IRB.)
Unaccompanied minors exception
Refugee claimants may qualify under this category of exceptions if they are minors (under the age of 18) who:
are not accompanied by their mother, father or legal guardian
have neither a spouse nor a common-law partner, and
do not have a mother, a father or a legal guardian in Canada or the United States.
Document holder exceptions
Refugee claimants may qualify under this category of exceptions if they:
hold a valid Canadian visa (other than a transit visa)
hold a valid work permit
hold a valid study permit
hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada, or
are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S.–issued visa to enter the U.S.
enter the U.S.
Public interest exceptions
Refugee claimants may qualify under this category of exceptions if:
they have been charged with or convicted of an offence that could subject them to the death penalty in the U.S. or in a third country. However, a refugee claimant is ineligible if he or she has been found inadmissible in Canada on the grounds of security, for violating human or international rights, or for serious criminality, or if the Minister finds the person to be a danger to the public.
http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp
