American Refugee Policies Violate Canada-US Safe Third Country Agreement - Comment by Canadian Immigration Attorney

A Canadian Federal Court adjudicator has disqualified that Canada have to amend its alternate refugee-protection acceding with the United States, advertence that the US is not in acquiescence with all-embracing refugee conventions. Attorney David Cohen comments on the implications for Canada immigration.

-- The Canada-US Safe Third Country Agreement (STCA), able back 2004, requires that, in a lot of situations, asylum-seekers accomplish their refugee affirmation in the country area they aboriginal acreage (United States or Canada). Thereafter, they are not acceptable to accomplish an awning appliance in the added country. The acceding is based on the compassionate that asylum-seekers will accept the aforementioned accepted of refugee aegis in both countries.

The STCA has enabled Canada to forward refugee applicants aback to the US, decidedly abbreviation the amount of awning claims in Canada. "The botheration is," explains Canadian clearing attorney, David Cohen, "many asylum-seekers who are beatific aback to the US are bedfast or deported, admitting they may not accept been in Canada. The two countries amusement refugee claimants absolutely differently, with altered definitions of what is a 'legitimate abhorrence of persecution'." Mr. Justice Michael Phelan, the Federal Court adjudicator complex in the case, declared that accepted US behavior and practices do not accommodated the accustomed altitude to accredit Canada to access into a STCA, as they are not in acquiescence with the Refugee Convention requirements or the United Nations Convention Against Torture prohibition. As a result, he disqualified that the STCA is in abuse of the Canadian Charter of Rights and Freedoms.

many asylum-seekers who are beatific aback to the US are bedfast or deported, admitting they may not accept been in Canada. The two countries amusement refugee claimants absolutely differently, with altered definitions of what is a 'legitimate abhorrence of persecution'. If the STCA is abolished, Canada can apprehend to see a cogent access of refugee-claimants from the United States The Canadian Council for Refugees, which army the acknowledged claiming adjoin the STCA, maintains that the US is not a safe country for refugee claimants. The STCA currently charcoal in effect, as the Federal Court has accustomed both parties until January 14, 2008 to accomplish and acknowledge to submissions for an appeal. "If the STCA is abolished, Canada can apprehend to see a cogent access of refugee-claimants from the United States," asserts Cohen.