Who may not file for refugee in Canada
Canada accepts thousands of refugee claims every year. However, not everyone may file for asylum in our country. This article explores those who may not file for refugee in Canada.
- An introduction to refugee claims inside Canada
- The Safe Third Country Agreement
- The main reason for ineligibility to file for asylum
- No referrals to IRB
- Putting a refugee claim on hold
- Let us help!
The refugee claim process inside Canada
You claim refugee in Canada in two different ways:
- At the port of entry (upon arrival): You express your decision to a border officer, and they will initiate the process.
- After entry: You visit an IRCC or CBSA office inside Canada and file for asylum.
I have explained these two options in a separate article. When it comes to eligibility, the main difference between these two options is the concept of the Safe Third Country.
Who may not file for refugee based on the Safe Third Country agreement
If you are travelling from the US to Canada, you may not file for refugee in the following circumstances:
- At a US-Canada land crossing,
- when entering by train, or
- at a Canadian airport only if the US has refused your refugee claim. However, you must be transiting through Canada after the US authorities have deported you.
Despite the Safe Third Country Agreement with the US, you may still apply for refugee at the port of entry. Nonetheless, this exemption applies to the following circumstances only:
- Having a family member in Canada
- Being an unaccompanied minor
- Holding certain documents (e.g., a Canadian TRV, study permit, or work permit)
- Meeting the public interest exceptions requirements
Keep in mind Canada only has this agreement with the United States. Therefore, the agreement does not apply to other countries. Also, regardless of this agreement, you may file for refugee if entering Canada irregularly (i.e., not through a port of entry) or applying while inside Canada.
Who may not file for refugee based on other issues
Sometimes the Safe Third Country does not apply to the applicant. However, the applicant may not file for refugee if they are subject to a removal order. Nonetheless, the person may file for refugee at an admissibility hearing if the board member has not issued the removal order yet.
Filing the claim but no referrals
The refugee applicant file the claim with a CBSA or an IRCC officer. However, the ultimate decision-maker on refugee claims is the Immigration and Refugee Board of Canada (IRB). Therefore, the officer will review the case and refers it to IRB. The officers may refuse to refer the claim to IRB under the following circumstances:
- The applicant may not file for refugee because of the Safe Third Country agreement or because they are subject to a removal order.
- The person is already a Canadian citizen.
- Another country has already offered the person protection as a refugee.
- The applicant has already received protection in Canada.
- Another country has received your refugee claim. However, that country must have an agreement with Canada to share immigration information. Subsequently, that country has informed Canada about the other claim.
- IRCC or CBSA considered the person ineligible to file a refugee claim in the past.
- The person is inadmissible to Canada on the grounds of:
- security,
- human rights violations,
- serious criminality, or
- organized criminality.
- IRB has refused your other refugee claim in the past.
- The applicant withdrew or abandoned a previous refugee claim.
Of course, if the authorities do not refer the applicant to IRB, then the person won’t have a chance of becoming a refugee in Canada.
Putting a refugee claim on hold
Sometimes the authorities suspect a person may not file for refugee. However, they are not 100% sure. Consequently, they put the referral on hold, and they tentatively treat the person as if they may not file for refugee. Here are the two potential scenarios:
- The applicant is subject to an inadmissibility hearing on the grounds of:
- security,
- human rights violations,
- serious criminality, or
- organized criminality.
- The Canadian authorities have charged the applicant for an offence with a maximum imprisonment term of at least ten years. Nevertheless, a court has not convicted the person yet.
Let us help!
If you intend to file for refugee in Canada, click here. We will review if you may not file for refugee and also your eligibility. Alternatively, please book a consultation session with me to speed up the process. Of course, for other immigration options, please fill out our assessment form.
Relevant article: Who is a refugee claimant in Canada?
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If you wish to visit or move to Canada, please fill out our free assessment form. We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.
Al Parsai, MA, DTM, RCIC
Regulated Canadian Immigration Consultant
Ashton College Instructor – Immigration Consulting
Author – 88 Tips on Immigration to Canada
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