Last July, the Federal Court of Justice declared the STCA unconstitutional because it violated “the right to life, liberty and security of the person” as guaranteed by the Canadian Charter of Rights and Freedoms. The case was filed by Amnesty International, the Canadian Refugee Council and the Canadian Council of Churches on behalf of several complainants. The judge`s decision upheld the argument made for years by human rights and refugee advocates that the United States, especially under the Trump administration, is not a safe place for refugees. The Safe Third Country Agreement applies to refugee claimants who wish to travel to Canada or the United States at Canada-U.S. border crossings (including rail). It also applies to airports where a person seeking protection in Country B has not been identified as a refugee in Country A and is transiting in Country A as part of his removal. In particular, the legislation requires that the review of a given country be based on the following four factors: in his statement, Mr Blair stated that the agreement with the United States remained “a complete vehicle” to maintain a compassionate, fair and orderly refugee protection system, based on the principle that people should seek asylum in the first safe country they arrive in. A safe third country is a country in which a person crossing that country could have applied for refugee protection. In Canada, section 102, paragraph 2 of the Immigration and Refugee Protection Act sets out the criteria for designating a country as a safe third country. Concerns have been raised about the lack of security legislation for refugee protection in the United States. This security problem and argument give refugees legitimate reasons to turn around in Canada to lead a better life. On December 29, 2005, a group of refugee and human rights organizations (in Canada and the United States) launched legal action against the U.S. claim as a safe third country for asylum seekers.
This action was supported by prominent figures such as Justice Michael Phelan of the Federal Court of Canada on November 29, 2007 and many others. But the increase in refugee applications came at a time when the third-country security agreement was in force. Since the agreement allows the government to deport asylum seekers who attempt to enter official ports of entry, future refugees who do not meet specific exceptions under the agreement, such as. B a family member living in Canada, must find other ways to cross the border if they wish to apply for refugees in Canada. Following the publication of the judgment, the public interest parties involved in the case asked the federal government not to appeal the court`s decision and to stop sending individuals back to the United States as part of the agreement. Experts said the suspension of the agreement would have a huge impact on Canada-U.S. The relationship. Ottawa is appealing a court ruling that overturned a major refugee deal between Canada and the United States, Public Safety Minister Bill Blair said Friday.
Persons who have been convicted of a serious criminal past are prohibited from seeking the protection of refugees, regardless of how they enter the country. That changed with the election of President Donald Trump in 2016 on a platform that was particularly hostile to migrants and his government`s announcement in 2017 that it would end the term temporary protection status (GST). While the largest group of people receiving GST was from El Salvador (approximately 200,000), the name also included nearly 60,000 Haitians who have been living and working in the United States since a devastating earthquake in their country in 2010.