Canada-U.S. Safe Third Country Agreement

This information has been prepared as a guide only. All refugee eligibility decisions made in Canada must be based on applicable legislation and policy.

Under the Canada-U.S. Safe Third Country Agreement, persons seeking refugee protection must make a claim in the first country they arrive in (United States or Canada), unless they qualify for an exception to the Agreement. Therefore, certain refugee claimants who come to Canada from the United States may not be eligible to make a claim in Canada.

The Safe Third Country Agreement does not apply to U.S. citizens or to habitual residents of the United States who are not citizens of any country ("stateless persons").

• Where the Agreement is in effect
• Exceptions to the Agreement
• Claiming refugee protection in Canada at the Canada-United States land border
• About the Agreement
  • Year one review of the implementation of the Agreement
• For more information

Where the Agreement is in effect

The Safe Third Country Agreement applies only to refugee claimants who are seeking entry to Canada from the United States:

• at Canada-United States land border crossings;
• by train;
• at airports, if:
  • a person seeking refugee protection in Canada who has been determined not to be a refugee in the United States, has been ordered deported from the United States and is in transit through Canada for removal from the United States.

Exceptions to the Agreement

Exceptions to the Safe Third Country Agreement are based on principles that take into account the importance of family unity, the best interests of children and public interest.

There are four types of exceptions:

• Family member exceptions
• Unaccompanied minors exception
• Document holder exceptions
• Public interest exceptions

Despite qualifying for one of the exceptions outlined above, refugee claimants must still meet all other eligibility criteria of Canada's immigration legislation. For example, a person seeking refugee protection will not be eligible to make a refugee claim in Canada if he or she has been determined to be inadmissible to Canada on grounds of security, violating human or international rights, or criminality.

Family member exceptions

• is a Canadian citizen;
• is a permanent resident of Canada;
• is a protected person under Canadian immigration legislation;
• has made a claim for refugee status in Canada that has been accepted by the Immigration and Refugee Board of Canada (IRB), an independent organization;
• has had his or her removal order stayed on humanitarian and compassionate grounds;
• is the holder of a valid Canadian work permit;
• is the holder of a valid Canadian study permit; or
• is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination.

Unaccompanied minors exception

Refugee claimants may qualify under this category of exceptions if they are unaccompanied minors (under the age of 18) who:

• are not accompanied by their mother, father or legal guardian;
• have neither a spouse nor common-law partner; and
• do not have a mother, father or a legal guardian in Canada or the United States.

Document holder exceptions

Refugee claimants may qualify under this category of exceptions if they:

• hold a valid Canadian visa (other than a transit visa);
• hold a valid work permit;
• hold a valid study permit;
• hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada; or
• are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S.-issued visa to enter the United States.

Public interest exceptions

Refugee claimants may qualify under this category of exceptions if:

• They have been charged with or convicted of an offence that could subject them to the death penalty in the United States or in a third country. However, a refugee claimant will be ineligible to have his or her claim referred to the IRB if he or she has been determined to be inadmissible to Canada on grounds of security, violating human or international rights, or criminality.

• They are nationals of countries for which Canada has imposed a temporary suspension of removals. However, a temporary suspension of removals does not apply to individuals who are determined to be inadmissible to Canada on grounds of security, violating human or international rights, or criminality. Currently, Canada has imposed a temporary suspension of removals on the following eight countries:

  • Afghanistan
  • Burundi
  • the Democratic Republic of the Congo
  • Haiti
  • Iraq
  • Liberia
  • Rwanda
  • Zimbabwe

Note: This list of countries may be subject to change. This list should serve as a guide only and is not intended to be an official acknowledgement of country conditions.

Claiming refugee protection in Canada at the Canada-United States land border

What to expect at the interview

When making a claim for refugee protection in Canada at the Canada-United States land border, the person's first point of contact is with a Canada Border Services Agency (CBSA) officer who will interview the refugee claimant and his or her family members. The CBSA officer will write down the answers to questions and may give the claimant forms to complete.

Refugee claimants who do not speak English or French will receive the assistance of an interpreter by telephone or in person.

Refugee claimants are not required to have someone with them at the interview, but they may do so if they wish. This individual cannot speak on the refugee claimant's behalf or interfere with the proceedings at the interview. This individual may be a friend, a lawyer or a community worker, and should accompany the refugee claimant to the interview. The interview will not be delayed to allow the individual time to attend.

Every person making a refugee claim must be photographed and those 14 years of age or older must be fingerprinted. The CBSA officer who carries out the interview will not be the one who decides whether a person's claim for refugee protection will be accepted. The CBSA officer only determines whether the person is allowed to make such a claim in Canada. Deciding whether to accept a claim is the responsibility of an independent organization called the Immigration and Refugee Board of Canada (IRB).

What to expect following the interview

At the end of the interview, the CBSA officer will give the person a number of documents. The officer will explain each document and its purpose. One of these documents is called a "removal order". If the person is allowed to make a claim for refugee protection in Canada, the removal order issued by the officer will be conditional on the result of the refugee claim before the IRB. If the claim for refugee protection is refused, the person will be required to leave Canada.

If the CBSA officer determines that the person could have made a claim for refugee protection in the United States, the officer will issue a removal order that is effective immediately. The person will be required to return to the United States right away.

If the claim is referred to the IRB, the claimant will be provided with a form that must be completed and sent to the IRB within 28 days. The officer will provide the address.

About the Agreement

The Canada-U.S. Safe Third Country Agreement allows the governments of both countries to better manage the flow of refugee claimants at their shared border.

The Agreement is part of the Smart Border Action Plan and builds on a strong history of Canada-United States cooperation on issues related to migration and refugee protection and came into effect on December 29, 2004.

The Safe Third Country Agreement marks the first time the legislative authority to designate a safe third country has been exercised in both Canada and the United States.

Year one review of the implementation of the Agreement

Under the Safe Third Country Agreement, the governments of Canada and the United States agreed to conduct a review of the first year of implementation of the Agreement in cooperation with the United Nations High Commissioner for Refugees (UNHCR). The review assessed the implementation of the Agreement and examined how effectively the bi-national policy objectives are being met.

• Canada-United States Safe Third Country Agreement: A partnership for protection - Year one review

For more information

• Citizenship and Immigration Canada
• Immigration and Refugee Board of Canada
• United Nations High Commissioner for Refugees (UNHCR)
• 1951 Refugee Convention