SEEKING ASYLUM IN CANADA AT THE LAND BORDER: 
the Safe Third Country Agreement (STCA)

Read this page! Before you travel
This Page Contains the Following:
  1. Overview: Seeking asylum at the Canadian land border
  2. Where the Safe Third Country Agreement (STCA) applies
  3. The four exceptions to  the STCA: for example, if you have the appropriate family member in Canada with the right status.
  4. Important details about the four exceptions to the STCA
  5. How to prove your relationship with an anchor family member in Canada
  6. How to prove your relationship with a common-law spouse in Canada
  7. Where to get help to prepare for the STCA interview.
  8. If you have been excluded from Canada under STCA rules
  9. Applying for asylum in the USA
  10. News about the STCA in Canada
 1.  Overview: Seeking asylum at the Canadian land border
  1. You can make a refugee claim (apply for asylum) at the Canadian border only if you qualify for an exception to the Safe Third Country Agreement (STCA) - see below. This applies to people who: 1. go to an official port of entry or 2. cross the border in secret (not at an official Port of Entry), but are arrested by police after crossing and before 14 days have passed. See the link below for detailed information on the exceptions.  If you do not qualify for an exception, you will be returned to the US.
  2. The 14 day rule. If you cross in secret and are not detected for 14 days, you can make a refugee claim and you will not be assessed under STCA rules.  After 14 days you can present yourself to the authorities or submit a refugee claim on the IRCC portal. You will need to show you have been in Canada for 14 days. It is  recommended that you have a refugee lawyer for this process (see sources of help on this page). Be very aware of the dangers of crossing secretly into Canada, especially during the cold months (winter, autumn and spring) and of paying a smuggler to take you across.
  3.  Everyone seeking asylum in Canada must be eligible to apply. Some people are not eligible because, for example, they have committed serious crimes or have already been refused asylum in Canada. See ‘Next Steps’ at the bottom of this PAGE to find out more information.
2.  Where Does the STCA Apply?
  1.  At official land ports of entry (POEs) and anywhere between POEs (irregular entry) along the border between Canada and the United States;
  2.  After crossing  into Canada irregularly (at a place other than an official port of entry), and asking for asylum less than 14 days after the day of entry into Canada;
  3. When entering Canada by train;
  4. At Canadian airports ONLY if someone has already been refused asylum in the US, and the US is removing them to their country of origin and they are in transit through Canada.
     The STCA does NOT apply at:
  1. Canadian airports (except for the situation described above);
  2. Canadian marine ports and ferry landings.
    The STCA does NOT apply to:
  1. U.S. citizens
  2. Persons who are habitual residents of the United States who are  not citizens of any country ("stateless persons"). Stateless persons must be able to prove that they have lived for an extended period of time in the US.
3.  The Four Exceptions to the STCA:
  1. You have a close family member with the right status residing in Canada;
  2. You are an unaccompanied child under 18, without a parent or legal guardian in Canada or the US; 
  3. You are at risk of the death penalty;
  4. You have a valid Canadian visa.
4 - 5 - 6   Before going to the Canadian land border, you must be sure that you qualify for an exception and can prove that you do. The details are important.  Read these documents to find out.
  1.  Exceptions to the Safe Third Country Agreement: the important details.
  2. How to prove the family relationship with your family member in Canada  (Exception #1)
  3.  Common law couples: How to prove that you have previously lived together for one uninterrupted year. (Exception #1)
7.  Before going to Canada you are strongly advised to consult one of the following:
  1. Vive Shelter in Buffalo, New York, to get help preparing for the STCA interview: 716.892.4354 x 605 or [email protected]
  2. The Peace Bridge Newcomers Centre ,  Fort Erie, Ontario to get information about preparing for an STCA interview. Call  905-994-6007 Mondays to Fridays from 8:30 am to 16:30 pm Eastern Time (can leave a message). [email protected].
  3. The Canada- US Border Rights Clinic  on (289) 273-6466 or +1 855-621-2060 or at [email protected]   They provide legal advice but not representation.
  4. A Canadian refugee lawyer. You can contact  FCJ Refugee House in Toronto, Canada to get the name of a lawyer:  [email protected]   phone: 416-469-9754     WhatsApp +1 416-437-217-3786 .  You will likely need to pay a fee to the refugee lawyer.
8.  If You Have Been Excluded from Canada Under STCA Rules
If you DO NOT meet an exception under the STCA you will be excluded from Canada and sent back to the US. Unless you are able to challenge this decision, you will never be able to apply for asylum in Canada again. You will be given a paper explaining the appeal deadline (15 calendar days). You will need a Canadian refugee lawyer to help you appeal. It can be very difficult to find and hire a lawyer in this time frame (see above to find a lawyer).  Instead of going to court, your lawyer may choose to ask the immigration officer to reconsider their decision to exclude you.  You will need to show that the decision was not correct.

When you are sent back to the US you may be put in US immigration detention, and, depending on your situation, you may be put in removal proceedings (to be sent back to your home country).

9.  Applying for asylum in the US after being excluded from Canada under the STCA
If  you have not yet sought asylum in the USA, you can explore that option. Be aware that some people cannot apply for asylum in the USA if they have been there longer than one year.   For more information you can call:
  • the Office for New Americans immigration hotline: 1-800-566-7636 (service in many languages).
  • You can also contact Alex Vernon, a US refugee lawyer and professor, to discuss US asylum and refugee matters at 1 313 444 9222 or [email protected] or [email protected].
10.  News about the Safe Third Country Agreement (STCA)
  1. The STCA has been modified and a new protocol took effect on March 25, 2023. The STCA now applies across the entire land border between Canada and the US.  Anyone trying to enter Canada in secret at Roxham Road or any other irregular point of entry at the land border, and who is detected within 14 days, will now be assessed under STCA rules.
  2. On June 16th 2023, the Supreme Court of Canada (SCC) issued its decision on an appeal against the STCA, brought by three Canadian organizations and some asylum seekers . A CBC article reported: '' In a unanimous decision, the Supreme Court of Canada ruled Friday that the Safe Third Country Agreement (STCA) between Canada and the United States is constitutional, at least in part — a legal victory for the federal government as it seeks to continue the practice of returning refugees who have tried to cross into this country from the U.S.''  The SCC did not agree that returning asylum seekers to the US violated their right to  'life, liberty and security of the person' under  Section 7 of the Canadian Charter of Rights and Freedoms.  However the SCC did not rule on the Section 15 arguments that deal with equality under the law. The US has long denied refugee claims from many people fleeing gender-based persecution. In Canada such claims can be recognized and the Immigration and Refugee Board of Canada has produced extensive guidelines for decision makers.  The Section 15 arguments have been sent to the lower court for a decision.
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