safe third country

Canada Immigration Forum (discussion group)            
Subject: safe third country
  If a refugee claimant arrives at a Canadian airport from a European Country - ie. England, France, Germany -- while not in transit, can he/she still apply for refugee protection in Canada?

And what are the chances of him/her being sent back immediately to the country he/she came from? What happens if his/her identity is in question? Does PRRA ever come into play?

Thank you in advance for all who reply!

(in reply to: safe third country)
(in reply to: safe third country)
Is that a NO to my question of whether that individual can apply for refugee protection?

I have another follow up question. I know this is a long shot, but what if a person disclosed, at a point of entry, that he/she did not have a valid passport (aka a fake passport) and wanted to be sponsored by his/her spouse who was a canadian citizen.

I found this Q & A in the gov´t website that seems to suggest that you could apply as a permanent resident if you make it to Canada without a valid passport:

"I entered Canada without a valid passport or travel document. Can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class?

Yes. You can apply under the public policy relating to the Spouse or Common-law Partner in Canada Class. However, you must obtain a valid passport from your home country or travel documents before CIC will grant you permanent residence."

Surely, I´m reading too much into this statement, but I just wanted to double check.

(in reply to: safe third country)
that is assuming you are already living in Canada. I doubt you would make it through the airport.
(in reply to: safe third country)
USA and Canada signed the treaty of safe third country that has taken effect from 28 December 2004. I only know about US in this treaty, where the refugee claimant can be sent back straightaway to US if he/she enters Canada from their side and vice versa. There is no such official signed treaty with Eurpoean countries as those you mentioned. But there must be unspoken or common sense agreement between Canada and those west Europe countries. Canada will not throw you out once you arrived. I have not heard of this ...ever. However, by keeping you till the end of the initial or final assessment is no guarantee that your claim will succeed. So the whole matter is a real gamble and real risk. The "in doubt" or " false" Identity is a big red flag especially these days where security is priority. The other big red flag is the fact that you would arrive from European countries who accept refugees and you would have to answer and provide your reasons as to why you have failed to claim refugee there. If you were not detained and if you were allowed to proceed for the normal channel of refugee claim, then you would be buying time and you would have a work permit. Once you are allowed in, you can work and then you can marry your sweetheart. But again the whole procees would lay under the microscope. You may succeed ////you may be deported later. It all depends on your circumsstances.
(in reply to: safe third country)
given the background, a family class sponsorship would be high risk for failure. You can´t just try every door and hope one opens without someone smelling a rat.
Not all refugee applications are approved (in reply to: safe third country)
Trying to get "refugee status " in Canada is NOT a gurantee of sucess, as about 30 to 40 percent are denied, eventually.

Simply getting off a plane in Canada " with out papers " is stupid. How did you get ON the plane, with out proper identification documents, at the departure airport ??? If you destroyed your documents during the flight, that is an obvious attempt to deceive the Canadian Border Services Agency, and or Canadian Immigration, which is a crime under Canadian law.

Most genuine United Nations Charter Refugees are selected overseas, by Canadian officals at Refugee camps. They are the ones who REALLY are refugees, fleeing war and or famine. Most of the ones who CLAIM refugee status in Canada, are " economic refugees "
who are trying to improve their lifestyle, thru the backdoor , knowing that they can´t qualify thru the normal Immigration process.

Jim B. Toronto.

Canadian Citizen
(in reply to: safe third country)
While I think you are right that many people who claim refugee status are "economic refugees" this does not mean that a person who shows up in Canada does not necessarily have a valid claim just because they came here with a fake passport.

In fact, I urge you to imagine if you and your family were trying to flee a country that was experiencing war or famine , would you not attempt to find the quickest way out of that country?

Also, think of the countless refugees who face real and serious persecution but for political reasons Canada and other Western Countries deem that particular country to be "democratic" and therefore they do not qualify for overseas selection.

Of course, if those individuals made it to Canada, they would have an excellent case for refugee status.

While I have great respect for the law, our refugee selection system is rather arbitrary and if put in the position of survival, I would definitely seek out fake passports to seek refuge abroad.

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