On May 4, 2023, the Government of Canada published updated instructions for the Safe Third Country Agreement. Effective March 25, 2023, the Safe Third Country Agreement (STCA) has been extended to cover the entire land border through the implementation of the Additional Protocol (AP).
The AP, together with corresponding regulatory amendments, expands the application of the STCA to include individuals who submit an asylum claim when entering Canada between ports of entry, as well as those who submit a refugee claim inland following an irregular entry. In order to take into account this expansion of the STCA, Updates have been made to the related program delivery instructions.
Protection claims processing in Canada: Safe Third Country Agreement (STCA)
If the person seeking refuge came to Canada directly or indirectly from a nation listed in the regulations that are not their country of nationality or their previous country of residence, their refugee claim cannot be referred to the Refugee Protection Division.
The Safe Third Country Agreement also referred to as the STCA, is an agreement that Canada and the US participated in and went into effect on December 29, 2004.
Unless they can convince an officer that an exemption to the agreement applies, those who arrive in Canada from the US (or vice versa) and seek refugee protection are allowed to return to the US under the terms of the agreement.
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