An unaccompanied minor is allowed to deviate from the agreement and should not be returned to the United States. For the purposes of the STCA, an unaccompanied minor has the right to apply for a refugee in Canada if the minor child: the type of exemption is registered in the form of a code that records the category of the requested exception. It is possible to enter up to 2 codes separated by a comma. In the case of a claimed waiver for a parent in the anchor, a NCB must be added to the FOSS to indicate the exception used and the details of the claimed parent. You`ll find coding information for STCA in the FOSS system usage manual. The agreement helps both governments better manage access to the refugee system in each country for people crossing the land border between Canada and the United States. The two countries signed the agreement on 5 December 2002 and came into force on 29 December 2004. An applicant from the United States is not returned to the United States if he or she holds one of the following valid documents, with the exception of a document issued exclusively to transit through Canada: due to a negative authorization decision made under the agreement, it is necessary to share with U.S. officials certain biographical and personal information about the applicant at the time of removal.
The information exchanged is governed by the Data Protection Act and in accordance with the Canada-U.S. Statement on Mutual Communication on Information Exchange 2003 (SMU) and its Asylum Annex. The following information may be disclosed: Even if they are eligible for one of these exceptions, applicants must meet all other eligibility criteria under Canadian immigration law. For example, if a refugee applicant has been found inadmissible in Canada for security, human rights or international rights violations or for a serious crime, that person is not entitled to apply for refugee status. When an applicant identifies a family member in Canada, the public servant must be satisfied that the relationship is a relationship that qualifies the applicant as an exception. The standard of proof is “balance of probabilities.” The applicant is responsible for providing information about the relationship and the status of the family member. However, in some cases, written documents such as birth certificates, marriage certificates, etc.may not be available. In such cases, a credible statement may suffice, provided the official is satisfied with the alleged relationship. If the testimony is not sufficient, try to confirm the family relationship and the parent has the necessary status in Canada. The legislation provides that the review of a given country is based on four factors: a person returned to Canada immediately after being refused entry from the United States is entitled to a waiver from the agreement. In this case, entry to Canada is permitted in accordance with the R39 (a) and the person may apply for a refugee. Officials who deport to the United States must do the following: Section 102 of the Immigration and Refugee Protection Act (IRPA) authorizes the designation of safe third countries to share responsibility for refugee applications.
Only countries that respect human rights and offer a high level of protection to asylum seekers can be designated as safe third countries. The Immigration and Refugee Protection Act (IRPA) requires ongoing review of all countries designated as safe third countries.