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Understanding the Proposed Modernization of the Safe Third Country Agreement

Writer's picture: Arisnel Mesidor, M.A., RCIC-IRBArisnel Mesidor, M.A., RCIC-IRB

In the evolving landscape of international migration, key policies and agreements continue to shape the way nations address the movement of people across borders. Among these, the Safe Third Country Agreement between Canada and the United States is a prominent element in North American asylum policy.


Established in 2004, the Safe Third Country Agreement stipulates that individuals seeking refugee status must make their claim in the first country they arrive in – either Canada or the United States. Essentially, if a person first lands in the United States and then attempts to seek asylum in Canada, they are typically turned away, and vice versa.


However, recent discussions within the Canadian parliamentary committee have brought forward potential changes to this agreement. The committee has proposed new exemptions that could allow certain asylum seekers to make claims in Canada even if they have already arrived in the United States.


One such exemption centres around individuals who have experienced gender-based violence. The proposal suggests that claimants seeking asylum due to experiences such as female genital mutilation, domestic violence, or the fear of sexual assault may face more restrictive laws in the United States and could be more likely to be offered protection in Canada.


Another recommendation from the committee is for both countries to reinstate an exemption allowing people to claim asylum at the Canadian border if they originate from a country to which Canada does not conduct deportations.


These proposed changes to the Safe Third Country Agreement underscore the dynamic nature of immigration policies, which often need to adapt to the changing realities of global migration patterns and humanitarian issues.


In the face of such changes, navigating the complexities of immigration laws and procedures can be challenging. It is crucial to stay informed and seek professional advice to understand how these potential policy shifts could impact individual circumstances.


At Mesidor Canadian Immigration Services, we are committed to providing up-to-date, expert advice on all aspects of Canadian immigration. If you have questions or need assistance with your immigration journey, we invite you to reach out to us. Our experienced team is ready to guide you through the immigration process and help you understand how these and other policy changes may affect your situation.



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