Go Party? Go Skafa! Go Skafa! Go Party!

Last July, the Federal Court of Justice declared the STCA unconstitutional because it violated „the right to life, liberty and security of the person“ as guaranteed by the Canadian Charter of Rights and Freedoms. The case was filed by Amnesty International, the Canadian Refugee Council and the Canadian Council of Churches on behalf of several complainants. The judge`s decision upheld the argument made for years by human rights and refugee advocates that the United States, especially under the Trump administration, is not a safe place for refugees. To date, the United States is the only country designated by Canada as a safe third country under the Immigration and Refugee Protection Act. Lawyers for refugees who were turned back at the Canadian border questioned the pact and said the United States was not considered „safe“ under President Donald Trump. On January 30, 2017, critic Jenny Kwan of the New Democratic Party (PND) of IMMIGRATION, refugees and citizens of Canada (IRCC) proposed an emergency debate on „President Trump`s immigration and travel ban from seven countries in the Middle East and North Africa.“ [17] During the debate, the NDP called on the government to immediately suspend the agreement on the security of third-country nationals, citing the fact that „Canada can no longer trust that the U.S. refugee system provides refuge for those at risk of persecution.“ [18] The official Conservative Party of Canada has stated that it will not oppose the suspension of the agreement,[19] while the Green Party of Canada has expressed support for the suspension of the agreement. [20] The Canadian Refugee Council strongly opposes the agreement because the United States is not a safe country for all refugees. The CCR also denounces the objective and impact of reducing the number of refugees who can seek refuge in Canada. The agreement means that Canada must reject anyone arriving at an official U.S.

place of entry to prevent them from applying for refugee status in Canada, as the United States is considered a „safe country“ to make such an application. The Canadian government defended this measure on the basis of the argument that the United States has adopted a refugee rights policy similar to Canada`s (although Canada accepts more rights). The agreement had dramatic consequences: in 2005, Canada received just over 4,000 applications at the border, compared to about 8,900 applications filed in 2004. For all other countries that could be classified as safe third countries in the future, Canada may reject asylum seekers arriving at land ports along the United States. Border on the basis that they must pursue their claims to the United States, the country where they arrived first. Nevertheless, the Trudeau government has decided to appeal the decision to maintain an untenable agreement, at a time when the Trump administration`s racist and nativist policies make this all the more dangerous and illustrate the contradictions of refugee and immigration policy in Canada. The Safe Third Country Agreement applies to refugee claimants who wish to travel to Canada or the United States at Canada-U.S. border crossings (including rail). It also applies to airports where a person seeking protection in Country B has not been identified as a refugee in Country A and is transiting in Country A as part of his removal. Conventions on safe third-country nationals are not explicitly mentioned in the 1951 Refugee Convention or the 1967 Protocol on the Status of Refugees.

Rather, their legitimacy derives from Article 31 of the 1951 Convention, which states that a refugee should not be punished for illegal entry into a country if he arrives directly from a country where he is threatened. The Office of the United Nations High Commissioner for Refugees (UNHCR) has itself warned against over-interpreting safe third country agreements, although it acknowledges that they may be acceptable in certain circumstances. [22] Such ambiguities have prompted some Canadian legal experts to question the legality of the agreement between Canada and

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