CIMM - Safe Third Country Agreement

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Key Messages

• Canada and the United States share a mutual interest in ensuring the orderly handling of asylum claims at our shared border while protecting the safety and security of their citizens, and respecting the rights of those fleeing persecution.
• We continue to be in contact with the U.S. Government, including with the Department of Homeland Security and U.S. State Department, on issues related to our shared border, including the Safe Third Country Agreement.
• As Canada cannot unilaterally change the terms of this bilateral agreement, it would be inappropriate to speculate on how any possible changes might be implemented.

Supplementary Messages

• The Safe Third Country Agreement was signed in recognition that both countries share a mutual responsibility to protect human rights and fundamental freedoms.
• It is premised on the principle, accepted by the United Nations Refugee Agency that individuals should seek asylum in the first country they arrive in.
• Canada continues to monitor developments in the United States, and continues to consider that it remains a safe country for asylum claimants to seek protection.

Safe Third Country Agreement Litigation

• It would be inappropriate to comment on details of the cases, as they are currently before the Court.

Supporting Facts And Figures

Asylum claims in 2019:

• Irregular claims: 16,968
• Regular claims: 47,228
• Total claims: 64,196

Canada received over 64,000 asylum claims in 2019, up 16% from last year. Compared to 2018, regular asylum claims are up by 34%, while irregular claims are down by 15%.

Data extracted from IRCC-Cognos on February 7, 2020.

Background

Application of the Safe Third Country Agreement:

• The Safe Third Country Agreement, in effect since December 2004, requires that asylum claimants seek protection in the first safe country that they enter (i.e., either Canada or the United States).
• The objectives of the Agreement are to enhance the orderly handling of refugee claims, strengthen public confidence in the integrity of our refugee systems, reduce abuse, and share responsibility for providing refugee protection.
• The Agreement applies to asylum claimants who are seeking entry to Canada from the United States at a land port of entry. It does not apply to U.S. citizens or to those who arrive from the United States by sea or at an airport, or who have entered Canada between ports of entry.
• Persons who are not eligible to make an asylum claim at the land port of entry under the Agreement are immediately returned to the United States.
• The Agreement contains several exceptions including: claimants with family in Canada; unaccompanied minors; holders of certain Canadian documents (such as visas or work or study permits); and public interest exceptions.
• Since 2017, asylum claimants have entered Canada irregularly (between port of entry) in increasing numbers to evade application of the Agreement, putting significant pressures on the in-Canada asylum system.
• The Agreement is currently subject to litigation before the Federal Court. The hearing took place in November 2019 and the decision is pending.

Monitoring United States Developments:

• To ensure the United States remains an appropriate partner for sharing responsibility for refugee claims, Canada monitors developments on a continuing basis according to factors set out in the Immigration and Refugee Protection Act.
• Factors include policies and practices with respect to obligations under the Refugee Convention and the Convention Against Torture, and its human rights record.
• We also remain in contact with the United Nations Refugee Agency, who is responsible for interpreting the Refugee Convention.
• Canada has carefully analyzed recent developments in the United States, and continues to consider that it remains a safe country for asylum claimants to seek protection

Modernizing the Safe Third Country Agreement

• Canada is in continuous contact with the U.S. Government, including with the Department of Homeland Security and U.S. State Department, on issues related to our shared border, including the Safe Third Country Agreement.
• As per the Ministers’ mandate letters, the Minister of Public Safety is responsible for leading the Government’s efforts to modernize the Safe Third Country Agreement, with support from the Minister of Immigration Refugees and Citizenship Canada.