For many people fleeing persecution around the world, Canada represents hope, safety and stability. This has become especially true recently, particularly during the turbulent times of the Trump administration in the U.S. Policies like the termination of Temporary Protected Status (TPS) for Haitians, Venezuelans, Cubans, and others created fear and uncertainty for many people who now face the possibility of being forced to leave the country. As a result, some have turned to Canada as a potential safe haven.
The STCA is an agreement between Canada and the United States that affects how refugee claims are processed at the U.S./Canada border. According to the Agreement, refugees must make their claim in the first safe country they arrive in between the signatories to this agreement. This means that if a person comes to Canada from the U.S., they cannot apply for refugee status at the border unless they fall under an exception.
Where Does the STCA Apply?
The agreement is enforced:
- At land border crossings between Canada and the U.S.
- During train travel between the two countries
- In Airports, but only if the person has already been denied refugee status in the U.S. and is in transit through Canada after being deported
- If a person enters Canada undetected/clandestinely and makes a refugee claim within 14 days of their arrival
The Four Exceptions to STCA
While the STCA is strict, there are four key exceptions that allow certain individuals to make a refugee claim in Canada.
- Family Member Exceptions
If you have family members in Canada, you may be allowed to claim refugee status. These family members must be one of the following:
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- A Canadian citizen or permanent resident
- A protected person
- Someone with an accepted refugee claim in Canada
- Someone who has had a removal order stayed on humanitarian grounds
- A holder of a valid Canadian work or study permit
- Someone over the age of 18 with a pending refugee claim before the Immigration and Refugee Board
The STCA defines “family member” broadly, including a spouse, child, parent, grandparent, grandchild, sibling, uncle, aunt, niece, nephew, common-law partner, or same-sex spouse. Notably, cousins of any degree are not included in this definition.
- Unaccompanied Minors Exception
If you are under 18 years old and not traveling with a parent or legal guardian, and you do not have a parent or guardian in the U.S. or Canada, you may qualify to make a claim in Canada.
- Document Holder Exceptions
You may also be allowed to claim refugee status in Canada if you hold specific valid Canadian documents, such as:
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- A Canadian visa
- A work permit or study permit
- A Canadian travel document
- If you do not require a visa to enter Canada but do need one for the U.S.
- Public Interest Exceptions
This applies to individuals who face the death penalty in the U.S. or another country. However, even in these cases, Canada will not accept a claim if the person is found to be inadmissible for security reasons or serious criminality.
What This Means for Refugee Claimants
This agreement has major consequences for refugee claimants. Many people fleeing dangerous situations do not realize that if they try to claim asylum at a Canadian land border from the U.S., they could be turned away. If you plan to seek refugee protection in Canada but are coming from the U.S., you must first determine if you qualify for an exemption. If not, you could be sent back to the U.S to make your claim there. Understanding the STCA is important for anyone considering making a refugee claim at the Canadian border.
If you wish to speak to an expert, contact us at Clivio Law – our refugee support services can help you throughout the process.