U.S. no longer "Safe Third Country" Canada court rules - Job Vacancies Search
Connect with us

U.S. no longer “Safe Third Country” Canada court rules

IMMIGRATION

U.S. no longer “Safe Third Country” Canada court rules

Canada court rules U.S. not safe for asylum-seekersThe Federal Court of Canada has struck the U.S. off of the Safe Third Country Agreement, which could affect thousands of asylum-seekers if it comes into effect.

The Safe Third Country Agreement between Canada and the U.S. states that asylum-seekers must claim refugee protection in the first safe country they arrive in, with certain exceptions. Many people have been turned away under the provision since it came into effect in 2004, with notable increases since 2016 once the Trump administration began targeting undocumented migrants in the States.

Since then, refugees, lawyers and advocacy groups have been calling on Canada to end the agreement with the U.S., often saying it is no longer a safe country.

Federal Court Judge Ann Marie McDonald found the agreement to be unconstitutional. The July 22 ruling stated that the act of sending people back to the U.S., where they were at risk of imprisonment, violated their rights to life, liberty, and security. The Canadian Charter of Rights and Freedoms applies to anyone who physically enters Canada, including people who are coming to make a refugee claim.

The decision is currently in political limbo as Canada’s justice department has 30 days to decide whether they want to appeal the ruling. If the government does not appeal, the decision will come into effect in six months.

However, if they do appeal, the decision will be put on hold until the appeal is decided in court. If the feds win the appeal, the decision reached on July 22 can either be overturned or they can reach a new decision. If the appeal is denied then the decision stands and asylum-seekers crossing the Canada-U.S. border will not be turned away under the Safe Third Country Agreement.

SEEN THIS? >>
[IMMIGRATION NEWS] Canada Introduces New Travel Exemption for Accredited Foreign Representatives - Canada Immigration and Visa Information. Canadian Immigration Services and Free Online Evaluation.

Nedira Jemal Mustefa, one of the refugee applicants challenging the agreement, was arrested after being turned around at the Canadian border and placed in solitary confinement for a week. The ruling cited her affidavit, describing her experience as “terrifying, isolating, and psychologically traumatic.” She described losing 15 pounds as a result of not eating, saying that she was given pork even though she told officers she could not eat it for religious reasons. She and other refugees from the ruling also described the facility as “abnormally cold.” Mustefa was in U.S. prison for a month before being released on bond.


“Canada cannot turn a blind eye to the consequences that befell Ms. Mustefa in its efforts to adhere to the [Safe Third Country Agreement],” McDonald wrote in the decision. “The evidence clearly demonstrates that those returned to the U.S. by Canadian officials are detained as a penalty.”

!function(f,b,e,v,n,t,s){if(f.fbq)return;n=f.fbq=function(){n.callMethod?
n.callMethod.apply(n,arguments):n.queue.push(arguments)};if(!f._fbq)f._fbq=n;
n.push=n;n.loaded=!0;n.version=’2.0′;n.queue=[];t=b.createElement(e);t.async=!0;
t.src=v;s=b.getElementsByTagName(e)[0];s.parentNode.insertBefore(t,s)}(window,
document,’script’,’https://connect.facebook.net/en_US/fbevents.js’);

fbq(‘init’, ‘666244486864559’);
fbq(‘track’, “PageView”);

SEE MORE



APPLY & SUBSCRIBE TO OUR PREMIUM JOB ALERT

APPLY FOR THIS JOB NOW!
Enter your email address:

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

More in IMMIGRATION

WANT PREMIUM JOBS?

Enter your email address to GET STARTED

Join 2,612 other subscribers

To Top

JOIN OUR 
PREMIUM NEWSLETTER

I dare you to follow Premium Updates and NOT get the tricks and jobs people pay thousands for on ZipRecruiter, Indeed and Linkedin!