Migrants on the frontlines. She skipped meals and lost nearly 15 pounds. Context: Under the existing deal, Canada may return migrants seeking asylum back to the U.S. if they try to enter the country at a land port of entry. In 2018, Canada granted asylum in 7,600 cases, totaling more than 60 percent of claims, compared to about 35 percent for the United States.
Officers receiving your refugee claim will decide whether it is eligible for referral to the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal that makes decisions on immigration and refugee matters. "The penalization of the simple act of making a refugee claim is not in keeping with the spirit or the intention of the STCA," McDonald wrote, citing "cruel and unusual detention conditions" upon returning to the U.S. The Federal Court of Canada ruled Wednesday that the country's Safe Third Country Agreement with the United States is unconstitutional because the consequences of U.S. detention violate the rights of asylum seekers. It will somehow have to overhaul its deal with the U.S. during an election year in which immigration is a hot-button issue, or appeal the decision.
The agreement will stay in place for another six months to give Parliament time to respond.
Nedira Jemal Mustefa, a Muslim woman from Ethiopia, came to the U.S. for medical treatments when she was 11 years old. If the decision ultimately stands, refugee processing at the U.S.-Canada border would go back to what it was before the U.S. was designated a safe country in 2004. The Trudeau government has until Jan. 22 to determine how to proceed. But because they arrived from the U.S. at an official port of entry, they couldn't make refugee claims — and were immediately returned to the U.S. and imprisoned for weeks or months. She entered the country on a visitor's visa and ended up staying for several years, graduating from a Georgia high school in 2015. "We need to completely reform our asylum system so that it is one that provides meaningful access to protection, not one that results in further harm of victims and, ultimately, a return to the persecution and torture from which they fled.". They had argued in court that when returning ineligible refugee claimants to the U.S., Canada exposes them to risks in the form of detention and other rights violations. hide caption. permissions/licensing, please go to: www.TorontoStarReprints.com.
By the end of June 2019, 26,725 claims were filed, compared with 16,865 asylum claims filed so far this year. Newspapers Limited, One Yonge Street, 4th floor, Toronto, ON, M5E 1E6. OTTAWA—The number of asylum claims being filed in Canada continues to rise slightly despite ongoing global travel restrictions. Mustefa called her time in solitary confinement "a terrifying, isolating and psychologically traumatic experience." "Imprisonment and the attendant consequences are inconsistent with the spirit and objective of the STCA.". The party's campaign platform vowed that the next government would work to “modernize” the Safe Third Country Agreement with the U.S., without providing many details. The government can’t sit on its hands and do nothing, said Queen’s University professor and immigration law expert Sharry Aiken. She asked Canada for refugee protection, but — after being questioned for 30 hours at the port of entry — was returned to the U.S. There, officials placed her in detention at the Clinton County Correctional Facility in Pennsylvania. The agreement is the reason just over 3,000 people this year have tried to cross irregularly into Canada in order to file for asylum. ", We Insist: A Timeline Of Protest Music In 2020, Canada's Safe 3rd Country Agreement With The U.S. "It should be a wake-up call to the U.S. government that we, as Americans, need to do better," Collopy told NPR. But she also didn't want to return to Ethiopia, as she was a member of the Oromo ethnic group, which faced persecution by the Ethiopian government. She said the agreement should be suspended immediately, as the while the court was only dealing with the legality of the deal, it continues to impact refugee claims. If the decision stands, "it means that asylum seekers who are being wrongfully denied asylum in the United States would have a second chance in Canada," said Lindsay Harris, director of the Immigration and Human Rights Clinic at the University of the District of Columbia. "That cannot be allowed to continue one more day; and is of even greater concern now given the prevalence of COVID-19 in immigration detention in the United States.". For the first time since April — the first full month of major travel restrictions designed to slow the spread of COVID-19 — refugee claims were filed at airports.
The Trudeau government has until Jan. 22 to determine how to proceed. For information about our work in Canada:. Toronto Star articles, please go to: www.TorontoStarReprints.com, The Toronto Star and thestar.com, each property of Toronto Star OTTAWA—The number of asylum claims being filed in Canada continues to rise slightly despite ongoing global travel restrictions. “In light of the court’s decision and this ongoing deterioration, Human Rights First urges the Canadian government to take this opportunity to withdraw from the ‘safe third country’ agreement.’”. Asylum-seekers won't have to risk entering Canada in between official checkpoints. Canada offers refugee protection to people in Canada who fear persecution and who are unwilling or unable to return to their home country. “We are aware of the Federal Court’s decision and are currently reviewing it," said Mary-Liz Power, a spokesperson for Public Safety Minister Bill Blair. Republication or distribution of this content is She was held in solitary confinement for a week to await results of a tuberculosis test. “The government recognizes the extraordinary contribution of asylum claimants working in Canada’s health-care sector during the COVID-19 pandemic particularly in long-term care centres,” said immigration minister Marco Mendicino, “As these individuals face an uncertain future in Canada, the current circumstances merit exceptional measures in recognition of their service during the pandemic.”
What's next: The Trudeau government has until Jan. 22 to determine how to proceed.
Talks between Canada and the U.S. to update the Safe Third Country Agreement have been underway for a while, and rights advocates in both countries have urged Canada to use the ruling as opportunity to push them forward.
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