Note: There may be situations where parents are not covered by an exception under the STCA, but their children do, or, if the child was born in the United States, the child is exempt from using the STCA. In these cases, point out to parents that as guardians of the children, they can decide whether their children will make a claim in Canada or whether the children will return to the United States with their parents. If parents decide to take their children with them and return to the United States, refugee claims made by children in Canada should be recorded in free software as “withdrawn” and “eligible for leave,” while their parents` refugee claims should be registered as inadmissible under the STCA. If parents decide that their children will continue their refugee claim in Canada; Forward children`s refugee claims, if warranted, to the RPD and identity card. Not only is Canada`s border well equipped to process asylum seekers, but it also faces a relatively low flow of asylum seekers compared to other countries. On average, Canada hosts less than 0.3% of the world`s refugees. Since January 2021, approximately 500 refugee claimants have arrived at Canada`s land borders, while fewer than 9,000 refugee claimants made claims by land last year. At its peak in 2018, just over 40,000 refugee claimants arrived in Canada by land, representing about 0.1% of Canada`s total population at the time. A refugee claim cannot be referred to the RPD if the claimant came to Canada directly or indirectly from a country designated by the regulations, other than a country of his or her nationality or former habitual residence.
Note: IMM 5569 contains personal information about the applicant, confirms that all possible exceptions have been investigated, and indicates why the individual was not eligible for an exemption. Although outside the scope of this document, the United States signed new safe third country agreements with Guatemala, Honduras and El Salvador in 2019, the first since the agreement with Canada. The American Civil Liberties Union questions the legality of these agreements under U.S. and international law.75 In 2017, the Canadian Council for Refugees, the Canadian Council of Churches, and Amnesty International Canada, along with a Salvadoran woman accompanied by her children,70 filed another lawsuit in federal court over the designation of the United States as a safe third country for refugees. The organizations argued that the U.S. asylum system and immigration detention regimes do not meet the required international and Canadian legal standards, particularly since the Trump administration took office in January 2017.71 They argued that this situation carries a significant risk of detention, illegal return to a country where an asylum seeker would be persecuted (rejected) and other rights violations. In response to these outsourcing trends, the Office of the United Nations High Commissioner for Refugees (UNHCR) published an analysis of the concept of a safe third country in 1996. It included factors that countries should consider before determining that a refugee can be legally returned to a supposedly safe country. These factors include whether the third country has ratified and respects international refugee and human rights instruments, in particular the principle of non-refoulement23; the willingness of the third country to allow asylum seekers to remain in the country while their applications are examined on the merits; compliance by the third country with basic human rights standards in the treatment of asylum seekers and admitted refugees; and the demonstrated willingness of the third country to receive returned asylum seekers and to fairly assess their claims on the merits.24 Ahmed Hussen, as Canada`s Minister of IRCC, affirmed that the conditions of the Safe Third Country Agreement remained met.
The governing Liberal Party of Canada has announced no plan or intention to suspend the agreement.  The Safe Third Country Agreement was the first time that the legislative authority to designate a safe third country was exercised in Canada and the United States. Following a negative decision on admissibility under the agreement, it is necessary to disclose certain biographical and personal information about the applicant to U.S. authorities at the time of deportation. The information disclosed is subject to the Privacy Act and in accordance with the 2003 Mutual Understanding of Information (FMS) Declaration and its Asylum Annex. The following information may be disclosed: The STCA has been controversial from the beginning. Supporters have argued that it allows Canada and the United States to better manage access to the refugee discovery process. Critics have argued that the U.S. is not safe for refugees and that sending asylum seekers to the U.S. without independent review of their claims is a violation of fundamental rights. In 2018, the IRB established a task force to reduce the inventory of less complex claims, with a focus on claims that “lend themselves to faster resolution through short or paper-based consultation decisions.” 87 To increase its productivity and improve its approach to case management, the IRB also updated its policy on expedited processing of refugee claims by the RPD and issued instructions to refer less complex claims to the RPD.88 As such, the IRB “established shorter and more targeted hearings to resolve simple claims and also adjudicated claims without audience. where applicable. 89 The concept of `former habitual residence` is relevant only where the applicant is stateless, that is to say, where he is not a national.
The country of former habitual residence does not necessarily have to be the country in which the applicant fears persecution. The term “former habitual residence” implies a situation in which a stateless person has settled in a given country without the need for a minimum period of residence. In addition, as confirmed by several decisions of the Federal Supreme Court, a country may be a country with its previous habitual residence, even if the applicant is not legally able to return to that country. The Canadian government has issued a series of orders to the Council (OIC) under the Quarantine Act to stop the spread of COVID-19. ICOs have also had the effect of restricting the entry of asylum seekers into the country. Under the first OIC, only a small group was eligible to apply for a refugee: unaccompanied minors, parents of a U.S. Minor. .