Although the Safe Third Country Agreement aims to limit asylum shopping and the filing of multiple claims, it is limited in scope and subject to several major exceptions.
Could the Safe Third Country Agreement have had a broader application and apply to persons making applications for refugee status within the country?
entered into a bilateral safe third country agreement formally known as the Agreement between the Government of Canada and the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals" of Third Countries.
as a safe third country and the related Regulations were outside the authority of the GIC or that the Safe Third Country Agreement between Canada and the U.
He was able to cross the border to Canada days before the implementation of the Safe Third Country Agreement.
at 249, FN 107, citing: Audrey Macklin, "Disappearing Refugees: Reflections on the Canada-US Safe Third Country Agreement (2005) 36 Colum.
95) These guidelines attempt to formulate a framework for the proper transfer of refugees pursuant to safe third country agreements.
Building upon Article 4 of the Michigan Guidelines, legal scholar Michelle Foster argues that in safe third country agreements "where the third state does not have an adequate status determination system, there is a risk that returning or transferring a refugee to that state would involve indirect refoulement contrary to Article 33" of the Refugee Convention.
The Safe Third Country Agreement does not apply to people who enter Canada via an irregular means and then make a refugee claim.
If the Safe Third Country Agreement were suspended, people could make their refugee claim at the border ports of entry in a safe and orderly way.